Tag Archives: Julian Assange

John Pilger on the trials of Julian Assange and journalism’s surrender

Having attended last week’s US extradition hearing of Julian Assange, on Friday [Aug 13th] John Pilger published a report in Counterpunch. He writes:

Yesterday, the United States sought the approval of Britain’s High Court to extend the terms of its appeal against a decision by a district judge, Vanessa Baraitser, in January to bar Assange’s extradition.  Baraitser accepted the deeply disturbing evidence of a number of experts that Assange would be at great risk if he were incarcerated in the US’s infamous prison system.

Professor Michael Kopelman, a world authority on neuro-psychiatry, had said Assange would find a way to take his own life — the direct result of what Professor Nils Melzer, the United Nations Rapporteur on Torture, described as the craven “mobbing” of Assange by governments – and their media echoes.

Those of us who were in the Old Bailey last September to hear Kopelman’s evidence were shocked and moved. I sat with Julian’s father, John Shipton, whose head was in his hands. The court was also told about the discovery of a razor blade in Julian’s Belmarsh cell and that he had made desperate calls to the Samaritans and written notes and much else that filled us with more than sadness.

Watching the lead barrister acting for Washington, John Lewis — a man from a military background who deploys a cringingly theatrical “aha!” formula with defence witnesses — reduce these facts to “malingering” and smearing witnesses, especially Kopelman, we were heartened by Kopelman’s revealing response that Lewis’s abuse was “a bit rich” as Lewis himself had sought to hire Kopelman’s expertise in another case.

Lewis’s sidekick is Clair Dobbin, and yesterday was her day. Completing the smearing of Professor Kopelman was down to her. An American with some authority sat behind her in court.

Dobbin said Kopelman had “misled” Judge Baraister in September because he had not disclosed that Julian Assange and Stella Moris were partners, and their two young children, Gabriel and Max, were conceived during the period Assange had taken refuge in the Ecuadorean embassy in London.

The implication was that this somehow lessened Kopelman’s medical diagnosis: that Julian, locked up in solitary in Belmarsh prison and facing extradition to the US on bogus “espionage” charges, had suffered severe psychotic depression and had planned, if he had not already attempted, to take his own life.

For her part, Judge Baraitser saw no contradiction. The full nature of the relationship between Stella and Julian had been explained to her in March 2020, and Professor Kopelman had made full reference to it in his report in August 2020. So the judge and the court knew all about it before the main extradition hearing last September. In her judgement in January, Baraitser said this:

[Professor Kopelman] assessed Mr. Assange during the period May to December 2019 and was best placed to consider at first-hand his symptoms. He has taken great care to provide an informed account of Mr. Assange background and psychiatric history. He has given close attention to the prison medical notes and provided a detailed summary annexed to his December report. He is an experienced clinician and he was well aware of the possibility of exaggeration and malingering. I had no reason to doubt his clinical opinion.

She added that she had “not been misled” by the exclusion in Kopelman’s first report of the Stella-Julian relationship and that she understood that Kopelman was protecting the privacy of Stella and her two young children.

In fact, as I know well, the family’s safety was under constant threat to the point when an embassy security guard confessed he had been told to steal one of the baby’s nappies so that a CIA-contracted company could analyse its DNA. There has been a stream of unpublicised threats against Stella and her children.

Click here to read John Pilger’s full article entitled “A Day in the Death of British Justice”, published by Counterpunch on Friday 13th.

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On the same day, John Pilger was interviewed by RJ Eskow for The Zero Hour. The conversation opens with Pilger’s overview of the Assange case and how his incarceration has been prolonged despite the fact that the original charges against him were dropped many years ago. Pilger says the likelihood is that the October hearing will settle his fate without any appeal to the Supreme Court.

In summary, Pilger says: “It’s got very serious now for those who practice real journalism and that’s what’s on trial with Julian Assange: real journalism; because if he is extradited to the United States, the intimidation of that, the effect of that will be disastrous. It will be insidious – it won’t have to be spelt out – but through generations of journalism there will be the example of Assange who went too far.”

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Filed under Britain, John Pilger, USA

Craig Murray becomes the UK’s latest prisoner of conscience

 

FORMER UK ambassador to Uzbekistan, Craig Murray, is to begin an eight-month jail term after being found guilty of contempt of court after an appeal bid was refused.

Murray was sentenced to eight months imprisonment after a judge ruled that he had unlawfully published details about the identities of female witnesses in Alex Salmond’s criminal trial on his blog last year. But he was released on bail in order to launch an appeal bid that has now failed.

Murray continues to deny intent to breach the court order protecting their identities, and that such a breach took place.

Lady Dorrian laid down her verdict in May, saying that Murray’s blog could lead to jigsaw identification of four of those involved, if read with other published materials.

A statement released yesterday said the 62-year-old would “surrender himself to police shortly and begin to serve the custodial sentence handed to him”.

That comes after the Supreme Court refused to hear an appeal.

Sentence was deferred for that purpose but will now begin

Click here to read the full article entitled “Craig Murray to hand himself over to police to face jail sentence” written by Kirsteen Paterson published in The National on July 29th.

For more details surrounding the case you can find many articles on Craig Murray’s website. For a summary and overview I recommend this one written by Kirsten MacDonald: https://www.craigmurray.org.uk/archives/2021/06/craig-murrays-trial-what-happens-next/

It begins:

On Monday morning [June 7th], Lady Dorrian and two supporting judges will hear the application from Roddy Dunlop QC for Craig Murray to be allowed to appeal to the UK Supreme Court against both their verdict of contempt of court for jigsaw identification, and against the disproportionate sentence.

It is widely expected, given the obvious animus against Murray she has shown throughout the proceedings, that leave to appeal will be refused and Lady Dorrian will commit Craig Murray to jail, probably from Wednesday 9 June. At that stage, Murray’s legal team will have to apply direct to the UK Supreme Court to grant him an appeal, but his eight month sentence will likely be served before the Supreme Court even looks at whether to consider it.

Concluding:

Murray is of course one of Sturgeon’s fiercest critics and opposes both the abolition of juries and the abolition of the right of defence lawyers to cross-examine accusers. The prime thrust of the reporting for which he is being jailed was that Nicola Sturgeon was behind the false accusations that were made against Alex Salmond.

There is a real possibility that aspects of Dorrian’s handling of the Murray case could come in for serious criticism by the Supreme Court. These include her acceptance of a handful of anonymous tweets claiming to have learnt identities from Murray’s blog (with zero evidence they actually knew identities) as having important evidential weight, her effective dismissal of his entire affidavits as lies despite hearing no evidence that contradicted them, her making no reference at any stage to Salmond’s acquittal (indeed both her judgement and sentencing remarks on Murray refer to Salmond’s “victims” and “offences” with no “purported”, “alleged” or other qualifier, even after the acquittal), her extremely low bar for jigsaw identification (to any individual who already had specialist knowledge), the breathtakingly draconian sentence, and the curt and offhand dismissal of all Article X ECHR freedom of speech arguments.

If Dorrian grants the appeal to the Supreme Court, she is opening herself up to criticism at a crucial time in her career. As one lawyer put it to me, to grant the appeal would be “asking for a kicking”. If she refuses permission to appeal, she is putting back any Supreme Court decision probably for two years, and giving herself the ability to imprison and silence Murray in the interim.

Murray’s team have very little hope for Monday.

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Now a prisoner himself, Craig Murray has been at the forefront of the campaign calling for the release of Julian Assange. Held indefinitely in Belmarsh, Assange currently faces extradition to the US on the basis of charges relating solely to allegations made by an Icelandic informant, Sigi Thordarson. Thordarson is a registered sex offender guilty of online activities with under-age boys. He was also convicted of stealing approximately $50,000 from Wikileaks as well as of impersonating Julian Assange online. More recently, Thordarson confessed that his claims against Assange are entirely false.

As Murray reported a month ago on June 29th:

Thordarson has now told Icelandic magazine Stundin that his allegations against Assange contained in the indictment are untrue, and that Assange had not solicited the hacking of bank or police details. This is hardly a shock, though Thordarson’s motives for coming clean now are obscure; he is plainly a deeply troubled and often malicious individual.

Thordarson was always the most unreliable of witnesses, and I find it impossible to believe that the FBI cooperation with him was ever any more than deliberate fabrication of evidence by the FBI.

Edward Snowden has tweeted that Thordarson recanting will end the case against Julian Assange. Most certainly it should end it, but I fear it will not.

Many things should have ended the case against Assange. The First Amendment, the ban on political extradition in the US/UK Extradition Treaty, the CIA spying on the preparations of Assange’s defence counsel, all of these should have stopped the case dead in its tracks.

It is now five months since extradition was refused, no US government appeal against that decision has yet been accepted by the High Court, and yet Julian remains confined to the UK’s highest security prison. The revelation that Thordarson’s allegations are fabricated – which everyone knew already, Baraitser just pretended she didn’t – is just one more illegality that the Establishment will shimmy over in its continued persecution of Assange.

Assange democratised information and gave real power to the people for a while, worldwide. He revealed US war crimes. For that his life is destroyed. Neither law nor truth have anything to do with it.

Click here to read Craig Murray’s full piece “FBI Fabrication Against Assange Falls Apart”.

As Julian Assange languishes in prison under conditions described by UN special rapporteur, Nils Melzer, as torture for no crime other than publishing facts that are embarrassing to the British and US State, now Craig Murray too has been jailed for publishing unwanted facts and, in this case, ones already widely available in the public domain.

Assange and Murray are Britain’s most prominent political prisoners. Their prosecutions represent the finals blows to the last vestiges freedom of speech in the UK. Meanwhile, where is the outcry from the liberal media? The Guardian which once worked with Assange in releasing Wikileaks documents, today fabricates and disseminates savage but idiotic propaganda hit-pieces that it then fails to retract even when caught out.

And where too is the outcry from backbench and/or opposition politicians including Labour leader Keir Starmer who is the former Head of the Crown Prosecution Service (CPS) and Director of Public Prosecutions?

Following the expected outcome of his own case, Craig Murray issued a response on his official website yesterday under the title “Going Dark” with a statement from his wife, Nadira:

This blog will be going dark for a few months. The Queen kindly paid for my dinners for over twenty years while I was a British diplomat and Ambassador, and now she is going to be paying for my dinners again. That is very kind, I thought she had forgotten me.

The following is a statement from Nadira:

29.07.21
Today is the most heartbreaking day. My husband whose health has been found to not be suitable for prison must hand himself in for detention within hours following the UK Supreme Court’s decision not to hear his appeal.

We were extremely hopeful that the Supreme Court would hear his case and had no doubt that this particular case should have been heard given how important and relevant it is in the context of Freedom of Speech in the UK. Instead, the Supreme Court declined to hear it.

Yet again my heart is deeply saddened to find that the UK, once a country which placed great importance on Human Rights issues, has failed to listen to my husband’s case. Additionally, the Scottish Court outright dismissed Craig’s poor health, having been made aware through the mandatory Social Work report and doctor’s reports that his wellbeing would be at risk if forced to go to jail.

At first I tried to come to terms of him being jailed in the hope he would be granted dignified conditions in jail but I am saddened and shocked to learn he could be placed among criminals, with no ability to bring books or enable him to write, with no entertainment allowed. He is being treated like a criminal. This is not a just punishment, this is a deliberate attempt to break the spirit of anyone brave enough to make use of free speech.

Given a pen and paper what do you do? You write in your own voice speaking the truth. Having been with Craig for two decades he has always spent his time and energy highlighting injustices and standing up for what is right, carefully, considerately and consistently.

I was brought up during Soviet times, and post independence in my own country, Uzbekistan. I have witnessed and personally experienced myself what the price of freedom of speech truly is. Opponents were ‘disappeared’ or it was claimed they had ‘taken their own life’, or been locked away in asylums. I am filled with fear this pattern is now repeating itself in the UK. It is appalling to see Craig is going through the same treatment in the so-called ‘human rights’ respecting country UK.

This is an attack on Truthtellers. His writings are those of a highly qualified Journalist, Human Rights Activist, former Rector of Dundee University and former British Ambassador. To us, his family, this situation is devastating: I am now left with my 5 months old baby, yet to find a good way to explain Craig’s jail sentence to his confused and anxious 12 year old son.

Of any readers concerned with the loss of freedom of speech and equality before the law I ask that you show active and outspoken solidarity with my partner.

A Craig Murray Justice Campaign has been formed which I hope you can support. Find them on twitter @cmurrayjustice. Their website will be up shortly and details will be posted on this site.

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Update:

The Campaign for Justice for Craig Murray has released an official statement which is reproduced in full below:

Legal precedent will be set tomorrow as Craig Murray will be the first person to be imprisoned on the charge of jigsaw identification in the UK, and indeed in the entire world. Scotland’s second most senior judge, Lady Dorrian, sentenced Murray to 8 months of incarceration following a contempt of court charge for ‘jigsaw identification’ relating to the trial against Alex Salmond.

In May Lady Dorrian said that in her view Murray had intended to release identities of Salmond’s accusers. Mr Murray has always denied any intent to identify and that anybody was actually identified. Murray had not directly identified any of the accusers in the Salmond trial, but Dorrian argued identification may be possible if his reporting of the case was read in connection with other materials in the public domain.

No one aside from Murray was charged with jigsaw identification in connection with the Salmond case, despite the fact that 81% of respondents in a Panelbase survey who believed that they had learned identities, gave mainstream media as the source of their knowledge. Lady Dorrian specifically stated that bloggers and mainstream media should be treated differently, as mainstream media are self-regulated.

Murray is the first person to be imprisoned in the UK for a media contempt for over 50 years, and in Scotland for over 70 years.

Murray’s imprisonment comes after an announcement from the UK Supreme Court that it will not hear his appeal. Former UK Ambassador to Uzbekistan Craig Murray will surrender himself to Police shortly and begin to serve the custodial sentence handed to him. A public protest against Murrays’ incarceration is planned. Murray’s wife and mother of their 5 month and 12 year old sons Nadira has written an open letter asking for “active and outspoken solidarity from anyone concerned about the loss of freedom of speech and equality before the law”.

Murray had recently been called as a witness in a case brought by Spanish state prosecutors against UC Global for allegedly acting on behalf of the CIA in covertly spying on Julian Assange in the Ecuadorian Embassy. Material before the Spanish court includes several hours of covert surveillance video of Murray in private conversation with Assange on the future of Assange and Wikileaks. The Scottish court removed Murray’s passport expressly to prevent him traveling to Spain to testify.

Craig Murray commented:

“I go to jail with a clean conscience after a Kafkaesque trial. I genuinely do not know who I am supposed to have identified or which phrases I published are said to have identified them, in combination with what other information in the public domain. This judgement will have a chilling effect on reporting of the defence case at trials, to the detriment of justice, and the different treatment of bloggers and approved media is sinister. I carefully protect the identities of the accusers in my reports. I believe this is actually the state’s long sought revenge for my whistleblowing on security service collusion with torture and my long term collaboration with Wikileaks and other whistleblowers. Unfortunately important free speech issues are collateral damage.”

Murray and the Craig Murray Justice committee have both signalled their intention to continue to resist the penalty handed to him by continuing to appeal to the European Court of Human Rights via all routes required. They are particularly concerned that in her opinion Lady Dorrian implied that bloggers and public commentators like Murray ought to be punished more severely than mainstream journalists for the same offense. Ellen Joelle Dalzell, coordinator of the Craig Murray Justice campaign group stated:

“The sentence handed to Craig Murray not only sets legal precedent in terms of a custodial sentence for the charge of jigsaw identification, it represents an attack on free speech in general, and a tangible threat to the free reporting of legal trials in particular. The judgement is excessively punitive, is likely to have severe implications for Murray’s poor health and represents a dangerous precedent for journalists and other writers who seek to fairly report or comment on matters of public law.”

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Additional:

On August 1st, Craig Murray posted the following article summarising once again the importance of issues surrounding his own case and in a response to the ensuing Twitter storm. I have reproduced his article in full including the embedded House of Commons speech made by Kenny MacAskill MP with transcript supplied beneath courtesy of Hansard:

I want to make one or two points for you to ponder while I am in jail. This is the last post until about Christmas; we are not legally able to post anything while I am imprisoned. But the Justice for Craig Murray Campaign website is now up and running and will start to have more content shortly. Fora and comments here are planned to stay open.

I hope that one possible good effect of my imprisonment might be to coalesce opposition to the imminent abolition of jury trials in sexual assault cases by the Scottish Government, a plan for which Lady Dorrian – who wears far too many hats in all this – is front and centre. We will then have a situation where, as established by my imprisonment, no information at all on the defence case may be published in case it contributes to “jigsaw identification”, and where conviction will rest purely on the view of the judge.

That is plainly not “open justice”, it is not justice at all. And it is even worse than that, because the openly stated aim of abolishing juries is to increase conviction rates. So people will have their lives decided not by a jury of their peers, but by a judge who is acting under specific instruction to increase conviction rates.

It is often noted that conviction rates in rape trials are too low, and that is true. But have you ever heard this side of the argument? In Uzbekistan under the Karimov dictatorship, when I served there, conviction rates in rape trials were 100%. In fact very high conviction rates are a standard feature of all highly authoritarian regimes worldwide, because if the state prosecutes you then the state gets what it wants. The wishes of the state in such systems vastly outweigh the liberty of the individual.

My point is simply this. You cannot judge the validity of a system simply by high conviction rates. What we want is a system where the innocent are innocent and the guilty found guilty; not where an arbitrary conviction target is met.

The answer to the low conviction rates in sexual assault trials is not simple. Really serious increases in resources for timely collection of evidence, for police training and specialist units, for medical services, for victim support, all have a part to play. But that needs a lot of money and thought. Just abolishing juries and telling judges you want them to convict is of course free, or even a saving.

The right to have the facts judged in serious crime allegations by a jury of our peers is a glory of our civilisation. It is the product of millennia, not lightly to be thrown away and replaced by a huge increase in arbitrary state power. That movement is of course fueled by current fashionable political dogma which is that the victim must always be believed. That claim has morphed from an initial meaning that police and first responders must take accusations seriously, to a dogma that accusation is proof and it is wrong to even question the evidence, which is of course to deny the very possibility of false accusation.

That is precisely the position which Nicola Sturgeon has taken over the Alex Salmond trial; to be accused is to be guilty, irrespective of the defence evidence. That people are oblivious to the dangers of the dogma that there should be no defence against sexual assault allegations, is to me deeply worrying. Sexual allegation is the most common method that states have used to attack dissidents for centuries, worldwide and again especially in authoritarian regimes. Closer to home, think of history stretching from Roger Casement to Assange and Salmond.

Why would we remove the only barrier – a jury of ordinary citizens – that can stop abuse of state power?

I am worried that this abolition of juries will have been enacted by the Scottish Parliament, even before I am out of jail. I am worried Labour and the Lib Dems will support it out of fashionable political correctness. I am worried an important liberty will disappear.

I want to touch on one other aspect of liberty in my own imprisonment that appears not understood, or perhaps simply neglected, because somehow the very notion of liberty is slipping from our political culture. One point that features plainly in the troll talking points to be used against me, recurring continually on social media, is that I was ordered to take down material from my blog and refused.

There is an extremely important point here. I have always instantly complied with any order of a court to remove material. What I have not done is comply with instructions from the Crown or Procurator Fiscal to remove material. Because it is over 330 years since the Crown had the right of censorship in Scotland without the intervention of a judge.

It sickens me that so many Scottish Government backed trolls are tweeting out that I should have obeyed the instructions of the Crown. That Scotland has a governing party which actively supports the right of the Crown to exercise unrestrained censorship is extremely worrying, and I think a sign both of the lack of respect in modern political culture for liberties which were won by people being tortured to death, and of the sheer intellectual paucity of the current governing class.

But then we now learn that Scotland has a government which was prepared not only to be complicit in exempting the Crown from climate change legislation, but also complicit in hushing up the secret arrangement, so I am not surprised.

What is even more terrifying in my case is that the Court explicitly states that I should have followed the directions of the Crown Office in what I did and did not publish, and my failure to not publish as the Crown ordered is an aggravating factor in my sentencing.

If the Crown thinks something I write is in contempt and I think it is not, the Crown and I should stand as equals in court and argue our cases. There should be no presumption I ought to have obeyed the Crown in the first place. That Scottish “justice” has lost sight of this is disastrous, though perhaps as much from stupidity as malice.

My next thought on my trial is to emphasise again the dreadful doctrine Lady Dorrian has now enshrined in law, that bloggers should be held to a different (by implication higher) standard in law than the mainstream media (the judgement uses exactly those terms), because the mainstream media is self-regulated.

This doctrine is used to justify jailing me when mainstream media journalists have not been jailed for media contempt for over half a century, and also to explain why I have been prosecuted where the mainstream media, who were provably responsible for far more jigsaw identification, were not prosecuted.

This is dreadful law, and my entire legal team are frankly astonished that the Supreme Court refused to hear an appeal on this point. This excellent article by Jonathan Cook explains further the chilling implications.

Those articles which the Court ordered me to take down, have been taken down. But I was not ordered to take down this one, which was found not to be in contempt of court. I was also not ordered to take down my affidavits, which though slightly redacted are still extremely valuable. I swore to the truth of every word and I stick by that. At the time I published these, far less was known about the Salmond affair than is known now, and I believe you will find it well worth reading them again in the light of your current state of wider knowledge – absolutely nothing to do with learning identities, but to do with what really happened on the whole plot to destroy Alex Salmond (something the judgement states I am allowed to say).

Finally I urge you to consider this truly remarkable speech from Kenny MacAskill MP. Scotland’s former Justice Secretary, and consider its quite staggering implications. It tells you everything you want to know about the British Establishment’s capture of the Scottish government, that the mainstream media felt no need to report the main points he was making, which constitute a simply astonishing outline of corrupt abuse of power.

Kenny MacAskill:

Before the post of Secretary of State for Scotland was created, the Lord Advocate was the power in the land, and some postholders were despotic indeed. The transportation of Thomas Muir and the hanging and beheading of Baird, Hardie and Wilson, the Scottish radicals and 1820 martyrs, are crimes that lie with them. Thankfully, the post devolved and became a purely legal role, but an anachronism was built in, for the postholder is both principal legal adviser to the Scottish Government yet also head of the prosecution service—the Crown Office, as it is known. That is something replicated neither elsewhere in the United Kingdom nor, indeed, in any modern democracy. Conflict of interest precludes it. In England and Wales, an Attorney General advises the Government from within. Meanwhile, a head of the prosecution service is both separate and independent from Government. But not so in Scotland, and therein lies the problem.

To be fair, apart from those despotic years, postholders, irrespective of political hue and whether pre or post-devolution, have acted with the impartiality expected. Modest steps were taken to mitigate the conflict of powers. Under Alex Salmond’s Administration a convention was invoked that the Lord Advocate appeared at Cabinet only when legal advice was to be given and did not participate in wider political debate. But the anachronism still lingered. Under Nicola Sturgeon’s Administration it has been brutally exposed by both Scottish Government and Crown Office actions, with the Lord Advocate straddling both. Change is now needed, and fast.

Firstly, there has been an admission by the outgoing Lord Advocate of malicious prosecutions involving the administrators in the Rangers FC liquidation. That is unprecedented in Scotland, not just in recent years but since those days of the early 19th century. Even south of the border there have been no such cases since 1999, and high-profile cases before such as the Winston Silcott and Daniel Morgan cases were rare. It has caused alarm with the public and been of huge reputational damage in an organisation where impartiality is imperative. It has also caused consternation and anger within police and prosecution services, where the overwhelming majority of staff act without bias and free of any favour or prejudice. The reputation of the many has been traduced by a few.

It was the former Lord Advocate’s decision, and seeking to cast blame on his predecessor was shameful and inadequate. An inquiry, perhaps even by a non-Scottish judicial figure, has been promised. Additionally, there is the financial cost. The quantum of damages is for the court, but suggestions are that the final bill could reach £60 million or £80 million—this in an organisation with an annual budget of £300 million, struggling to meet existing commitments. The price will be paid by Scottish taxpayers and the loss felt by hard-pressed Scottish public services.

Secondly, and just as alarming, has been the role of the Lord Advocate and a coterie around him within the Crown Office in the Alex Salmond case, and the fallout from it. It is another instance of the public having to pay the price of Government incompetence, with the legal expenses bill in the civil case amounting to £500,000, but where the issue of impartiality as well as competence was raised. In the civil case, the presiding judge described the Scottish Government’s actions as “unlawful”, “unfair” and “tainted by apparent bias”. During proceedings, senior external counsel, Roddy Dunlop QC, dean of the Faculty of Advocates, expressed horror at the situation he and his colleague had been put in by their client. They could no longer rest on pleadings they knew to be untrue. The client was the Government, and their senior legal adviser was the Lord Advocate. A criminal case followed the failed civil case and was prosecuted by the Crown Office, where the same Lord Advocate remained in office.

Despite growing pressures on police and prosecution, nothing has been spared—nothing has been too trivial—but the targets always seem selective. The Alex Salmond case saw resources deployed that are normally reserved for serious organised crime figures or serial killers, for charges that, were it not for who was being prosecuted, would either never have seen the light of day or appeared only in the lowest courts, not the High Court. I say that as someone who was Justice Secretary for seven and a half years but also a defence agent for 20 years. As it was, Mr Salmond was acquitted on all charges, by a majority female jury.

It is standard practice in cases involving politicians that the Lord Advocate recuses himself from involvement in the consideration or prosecution of the case, and that was done here, with no direct involvement in the prosecution. However, at the same time, the Lord Advocate had been, and was, sitting on Scottish Government committees dealing with the civil case, where referral or prosecution was being actively sought and advised by the Administration.

Let us recall that a prosecution was sought by the Scottish Government, as the actions of the director of human resources in contacting the police confirm. Many—indeed, most—complainers were and remain at the heart of Government, or are officials or otherwise closely linked with the governing party. Prosecution was encouraged and pressed for by the chief executive of the governing party, who is the First Minister’s husband.

Chinese walls and recusal are entirely inadequate. In one role, the Lord Advocate was supporting a Government pursuing prosecution; in another, he was denying that it was anything to do with him. A separation of powers this certainly was not. When James Wolffe appeared before the Holyrood Committee considering the Salmond prosecution, he was frankly evasive and obfuscating, mirroring the actions of the Crown and the Government in a lack of openness and transparency. There was neither contrition nor candour. Open government this certainly was not.

The fallout and failures continue to reverberate. Following on from the Alex Salmond case has been that of Craig Murray, a writer and former diplomat. His conviction is under appeal at the Supreme Court; accordingly, I refrain from commenting on specifics of the case. Instead, I restrict my remarks to the decision by the Crown to prosecute Mr Murray for jigsaw identification of complainers in the case. Why was he prosecuted when others who did so—in one case certainly overtly, and in many others much more flagrantly than by Mr Murray—were not? No action was taken against them.

Moreover, publications that in any other case would have constituted a clear contempt of court went without censure by the Crown. They included newspaper articles as prejudicial as I have ever seen, but they were supporting prosecution, whereas Mr Murray, though seeking to report factually, was not. It seems that the Crown has one law for those supporting the Government line and another for those who challenge it.

Click here to read the full transcript of Kenny MacAskill’s House of Common’s speech.

And here to read Craig Murray’s original post entitled “Keeping Freedom Alive”.

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Filed under Britain, campaigns & events, Craig Murray, internet freedom

how the Guardian, NYT and rest of the “Vichy journalists” all sold Julian Assange down the river

“Julian Assange, in courageously upholding political beliefs that most of us profess to share, has performed an enormous service to all the people in the world who treasure the values of freedom and democracy” — Noam Chomsky

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On September 7th,  as Julian Assange’s extradition hearing entered its final stage, John Pilger gave this address outside the Central Criminal Court in London:

When I first met Julian Assange more than ten years ago, I asked him why he had started WikiLeaks. He replied: “Transparency and accountability are moral issues that must be the essence of public life and journalism.”

I had never heard a publisher or an editor invoke morality in this way. Assange believes that journalists are the agents of people, not power: that we, the people, have a right to know about the darkest secrets of those who claim to act in our name.

If the powerful lie to us, we have the right to know. If they say one thing in private and the opposite in public, we have the right to know. If they conspire against us, as Bush and Blair did over Iraq, then pretend to be democrats, we have the right to know.

It is this morality of purpose that so threatens the collusion of powers that want to plunge much of the world into war and wants to bury Julian alive in Trumps fascist America.

In 2008, a top secret US State Department report described in detail how the United States would combat this new moral threat. A secretly-directed personal smear campaign against Julian Assange would lead to “exposure [and] criminal prosecution”.

The aim was to silence and criminalise WikiLeaks and its founder. Page after page revealed a coming war on a single human being and on the very principle of freedom of speech and freedom of thought, and democracy.

The imperial shock troops would be those who called themselves journalists: the big hitters of the so-called mainstream, especially the “liberals” who mark and patrol the perimeters of dissent.

And that is what happened. I have been a reporter for more than 50 years and I have never known a smear campaign like it: the fabricated character assassination of a man who refused to join the club: who believed journalism was a service to the public, never to those above.

Assange shamed his persecutors. He produced scoop after scoop. He exposed the fraudulence of wars promoted by the media and the homicidal nature of America’s wars, the corruption of dictators, the evils of Guantanamo.

He forced us in the West to look in the mirror. He exposed the official truth-tellers in the media as collaborators: those I would call Vichy journalists. None of these imposters believed Assange when he warned that his life was in danger: that the “sex scandal” in Sweden was a set up and an American hellhole was the ultimate destination. And he was right, and repeatedly right.

The extradition hearing in London this week is the final act of an Anglo-American campaign to bury Julian Assange. It is not due process. It is due revenge. The American indictment is clearly rigged, a demonstrable sham. So far, the hearings have been reminiscent of their Stalinist equivalents during the Cold War.

Today, the land that gave us Magna Carta, Great Britain, is distinguished by the abandonment of its own sovereignty in allowing a malign foreign power to manipulate justice and by the vicious psychological torture of Julian – a form of torture, as Nils Melzer, the UN expert has pointed out, that was refined by the Nazis because it was most effective in breaking its victims.

Every time I have visited Assange in Belmarsh prison, I have seen the effects of this torture. When I last saw him, he had lost more than 10 kilos in weight; his arms had no muscle. Incredibly, his wicked sense of humour was intact.

As for Assange’s homeland, Australia has displayed only a cringeing cowardice as its government has secretly conspired against its own citizen who ought to be celebrated as a national hero. Not for nothing did George W. Bush anoint the Australian prime minister his “deputy sheriff”.

It is said that whatever happens to Julian Assange in the next three weeks will diminish if not destroy freedom of the press in the West. But which press? The Guardian? The BBC, The New York Times, the Jeff Bezos Washington Post?

No, the journalists in these organisations can breathe freely. The Judases on the Guardian who flirted with Julian, exploited his landmark work, made their pile then betrayed him, have nothing to fear. They are safe because they are needed.

Freedom of the press now rests with the honourable few: the exceptions, the dissidents on the internet who belong to no club, who are neither rich nor laden with Pulitzers, but produce fine, disobedient, moral journalism – those like Julian Assange.

Meanwhile, it is our responsibility to stand by a true journalist whose sheer courage ought to be inspiration to all of us who still believe that freedom is possible. I salute him.

Click here to read the same transcript on John Pilger’s official website.

John Pilger also gave an extended interview with Afshin Rattansi on today’s ‘Going Underground’:

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Yesterday was the last day of Julian Assange’s extradition hearing at the Old Bailey and unless you have followed the daily reports from Craig Murray; Binoy Kampmark at Counterpunch; Joe Lauria of Consortium News or a handful of other alternative media sites, it is more than likely you have remained unaware that any trial was taking place, let alone what is at stake.

As Binoy Kampmark reported on Thursday – summing up events of the previous day:

Today will be remembered as a grand expose. It was a direct, pointed accusation at the intentions of the US imperium which long for the scalp of the WikiLeaks founder Julian Assange. For WikiLeaks, it was a smouldering triumph, showing that the entire mission against Assange, from the start, has been a political one. The Australian publisher faces the incalculably dangerous prospect of 17 charges under the US Espionage Act and one under the Computer Fraud and Abuse Act. Stripped to its elements, the indictment is merely violence kitted out in the vestment of sham legality. The rest is politics.

Doubtless, and was not for ‘the politics’, the Assange case would have made headline news and featured front-and-centre of mainstream news bulletins for weeks, not only because the seriousness of its potential ramifications – how it will cast a long shadow over press freedom and set a precedent for further US overreach based on trumped up charges of ‘spying’ – but more straightforwardly because of the prominence and quality of so many of the witnesses called to give testimony in Assange’s defence. These include (to single out just three of the more outstanding) Daniel Ellsberg, ‘Pentagon Papers’ whistleblower; Clive Stafford Smith, esteemed human rights lawyer and a  co-founder of Reprieve; before, on Wednesday, Noam Chomsky joined these illustrious ranks having issued a fourteen point submission of concise eloquence which concludes as follows:

One device to control the population is to operate in secret so that the ignorant and meddlesome outsiders will stay in their place, remote from the levers of power, which are none of their business. That’s the main purpose for classification of internal documents. Anyone who has pored through the archives of released documents has surely come to realise pretty quickly that what is kept secret very rarely has anything at all to do with security except for the security of the leadership from their domestic enemy, their own population.  The practice is so routine that illustration is really quite superfluous.  I’ll mention only one current case.  Consider the global trade agreements: Pacific and Atlantic, in actuality investor rights agreements masquerading under the rubric of free trade. They’re negotiated in secret. There’s an intention of a Stalinist style of ratification by parliaments –  yes or no –  which of course means yes with no discussion or debate, what’s called in the United States “fast track”.  To be accurate they’re not negotiated entirely in secret.  The facts are known to the corporate lawyers and lobbyists who are writing the details in such a way as to protect the interests of the constituency that they represent which is of course not the public. The public on the contrary is an enemy that must be kept in ignorance.

Julian Assange’s alleged crime in working to expose government secrets is to violate the fundamental principles of government, to lift the veil of secrecy that protects power from scrutiny, keeps it from evaporating – and again it is well understood by the powerful that lifting the veil may cause power to evaporate. It may even lead to authentic freedom and democracy if an aroused public comes to understand that force is on the side of the governed and it can be their force if they choose to control their own fate.

In my view, Julian Assange, in courageously upholding political beliefs that most of us profess to share, has performed an enormous service to all the people in the world who treasure the values of freedom and democracy and who therefore demand the right to know what their elected representatives are doing. His actions in turn have led him to be pursued in a cruel and intolerable manner.

Click here to find Chomsky’s statement uploaded in full within Craig Murray’s report.

Returning to Binoy Kampmark’s report from the same day, he continues:

Witness statements were read from a veritable who’s who of courageous investigative journalism (Patrick Cockburn, Andy Worthington, Stefania Maurizi and Ian Cobain) and an assortment of legal freight from Guy Goodwin-Gill, professor of law at the University of New South Wales, Robert Boyle, well versed in the dark practices of grand juries and Jameel Jaffer of the Knight First Amendment Institute at Columbia University.

These statements, pointing to the value of the WikiLeaks publications, the care taken in releasing them, and the terrifying prospects for press freedom, deserve separate treatment.

Kampmark’s report then scrutinises in granular detail, evidence presented by two anonymous witnesses from the Spanish security firm UC Global S.L. in what he describes as “Wednesday’s grand show”. Since this lies outside of my purview, I direct and encourage readers instead to read his full article entitled “Assange on Trial: Embassy Espionage, Contemplated Poisoning and Proposed Kidnapping” published by Counterpunch on October 1st.

A précis is also provided by Craig Murray’s report from Wednesday:

Twenty minutes sufficed for the reading of the “gist” of the astonishing testimony of two witnesses, their identity protected as their lives may be in danger, who stated that the CIA, operating through Sheldon Adelson, planned to kidnap or poison Assange, bugged not only him but his lawyers, and burgled the offices of his Spanish lawyers Baltazar Garzon. This evidence went unchallenged and untested.

Meanwhile, here is what BBC has been reporting throughout what is (without exaggeration) the trial of the century – quite literally nothing! (the top article here is a ‘profile’ from September 23rd):

Screenshot from BBC website today

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“If I am a conspirator to commit espionage, then all these other media organisations and the principal journalists in them are also conspirators to commit espionage. What needs to be done is to have a united face in this.”

These are the words of Julian Assange quoted from an interview with journalist Mark Davis of Australian TV channel SBS back in 2011, as he unpacked why the US preferred to charge him under the Espionage Act of 1917 in their determined effort to isolate him from other journalists and thereby lessen an otherwise perceived threat that they too might share his fate. (The relevant section is from 24–43 mins and the quote is at 40:00 mins.)

In a different article published last week by Counterpunch, investigative reporter Jonathan Cook reminds us of Assange’s statement and places it in context:

During the course of the current extradition hearings, US officials have found it much harder to make plausible this distinction principle than they may have assumed.

Journalism is an activity, and anyone who regularly engages in that activity qualifies as a journalist. It is not the same as being a doctor or a lawyer, where you need a specific professional qualification to practice. You are a journalist if you do journalism – and you are an investigative journalist if, like Assange, you publish information the powerful want concealed. Which is why in the current extradition hearings at the Old Bailey in London, the arguments made by lawyers for the US that Assange is not a journalist but rather someone engaged in espionage are coming unstuck.

Cook continues:

Assange was doing exactly what journalists claim to do every day in a democracy: monitor power for the public good. Which is why ultimately the Obama administration abandoned the idea of issuing an indictment against Assange. There was simply no way to charge him without also putting journalists at the New York Times, the Washington Post and the Guardian on trial too. And doing that would have made explicit that the press is not free but works on licence from those in power.

For that reason alone, one might have imagined that the entire media – from rightwing to liberal-left outlets – would be up in arms about Assange’s current predicament. After all, the practice of journalism as we have known it for at least 100 years is at stake.

But in fact, as Assange feared nine years ago, the media have chosen not to adopt a “united face” – or at least, not a united face with Wikileaks. They have remained all but silent. They have ignored – apart from occasionally to ridicule – Assange’s terrifying ordeal, even though he has been locked up for many months in Belmarsh high-security prison awaiting efforts to extradite him as a spy.

In a follow-up piece also published by Counterpunch, Cook discusses at greater length and in detail how the corporate media have betrayed Assange. Most egregious is the Guardian, which of course worked in collaboration with Wikileaks to publish the Iraq and Afghan war diaries. Cook writes:

My first criticism was that the paper had barely bothered to cover the hearing, even though it is the most concerted attack on press freedom in living memory. That position is unconscionably irresponsible, given its own role in publishing the war diaries. But sadly it is not inexplicable. In fact, it is all too easily explained by my second criticism.

That criticism was chiefly levelled at two leading journalists at the Guardian, former investigations editor David Leigh and reporter Luke Harding, who together wrote a book in 2011 that was the earliest example of what would rapidly become a genre among a section of the liberal media elite, most especially at the Guardian, of vilifying Assange.

He continues:

Leigh and Harding’s book now lies at the heart of the US case for Assange’s extradition to the US on so-called “espionage” charges. The charges are based on Wikileaks’ publication of leaks provided by Chelsea Manning, then an army private, that revealed systematic war crimes committed by the US military. 

Lawyers for the US have mined from the Guardian book claims by Leigh that Assange was recklessly indifferent to the safety of US informants named in leaked files published by Wikileaks.

Assange’s defence team have produced a raft of renowned journalists, and others who worked with Wikileaks, to counter Leigh’s claim and argue that this is actually an inversion of the truth. Assange was meticulous about redacting names in the documents. It was they – the journalists, including Leigh – who were pressuring Assange to publish without taking full precautions.

Of course, none of these corporate journalists – only Assange – is being put on trial, revealing clearly that this is a political trial to silence Assange and disable Wikileaks.

Cook then provides details regarding a specific incident that is central to the prosecution claims highlighting how it was the Guardian journalists themselves and not Assange who must be held responsible for many of these unredacted leaks:

The February 2011 Guardian book the US keeps citing contained something in addition to the highly contentious and disputed claim from Leigh that Assange had a reckless attitude to redacting names. The book also disclosed a password – one Assange had given to Leigh on strict conditions it be kept secret – to the file containing the 250,000 encrypted cables. The Guardian book let the cat out of the bag. Once it gave away Assange’s password, the Old Bailey hearings have heard, there was no going back.

Any security service in the world could now unlock the file containing the cables. And as they homed in on where the file was hidden at the end of the summer, Assange was forced into a desperate damage limitation operation. In September 2011 he published the unredacted cables so that anyone named in them would have advance warning and could go into hiding – before any hostile security services came looking for them.

Yes, Assange published the cables unredacted but he did so – was forced to do so – by the unforgivable actions of Leigh and the Guardian.

Not that any of Wikileaks publications are believed to have harmed informants, as a Guardian report substantiates:

“Brigadier general Robert Carr, a senior counter-intelligence officer who headed the Information Review Task Force that investigated the impact of WikiLeaks disclosures on behalf of the Defense Department, told a court at Fort Meade, Maryland, that they had uncovered no specific examples of anyone who had lost his or her life in reprisals that followed the publication of the disclosures on the internet. “I don’t have a specific example,” he said.

It has been one of the main criticisms of the WikiLeaks publications that they put lives at risk, particularly in Iran and Afghanistan. The admission by the Pentagon’s chief investigator into the fallout from WikiLeaks that no such casualties were identified marks a significant undermining of such arguments.

Click here to read the full Guardian report entitled “Bradley Manning leak did not result in deaths by enemy forces, court hears” written by Ed Pilkington, published on July 31st 2013.

Moreover, John Young, the editor of a US website Cryptome (which has in the past been highly critical of Wikileaks) is another who gave evidence at the Assange hearings. Young told the court they had published the unredacted cables on September 1st 2011, crucially the day before Wikileaks published, though they (unlike Wikileaks) have never been pursued by law enforcement agencies. Craig Murray, who has been reporting from the public gallery throughout the trial, writes that:

Cryptome is US based but they had never been approached by law enforcement about these unredacted cables in any way nor asked to take them down. The cables remained online on Cryptome.

Similarly Chris Butler, Manager for Internet Archive, gave evidence of the unredacted cables and other classified documents being available on the Wayback machine. They had never been asked to take down nor been threatened with prosecution.

Click here to read the same in Craig Murray’s report from day 17 of the hearing published on September 25th.

Jonathan Cook then goes on to list the Guardian’s deceptions point-by-point. He writes – and I have reproduced below his criticism in full:

Every time the US cites Leigh and Harding’s book, it effectively recruits the Guardian against Assange and against freedom of the press. Hanging over the paper is effectively a threat that – should it not play ball with the US campaign to lock Assange away for life – the US could either embarrass it by publicly divulging its role or target the paper for treatment similar to that suffered by Assange.

And quite astoundingly, given the stakes for Assange and for journalism, the Guardian has been playing ball – by keeping quiet. Until this week, at least.

Under pressure, the Guardian finally published on Friday a short, sketchy and highly simplistic account of the past week’s hearings, and then used it as an opportunity to respond to the growing criticism of its role in publishing the password in the Leigh and Harding book.

The Guardian’s statement in its report of the extradition hearings is not only duplicitous in the extreme but sells Assange down the river by evading responsibility for publishing the password. It thereby leaves him even more vulnerable to the US campaign to lock him up.

Here is its statement:

“The Guardian has made clear it is opposed to the extradition of Julian Assange. However, it is entirely wrong to say the Guardian’s 2011 WikiLeaks book led to the publication of unredacted US government files,” a spokesman said.

“The book contained a password which the authors had been told by Julian Assange was temporary and would expire and be deleted in a matter of hours. The book also contained no details about the whereabouts of the files. No concerns were expressed by Assange or WikiLeaks about security being compromised when the book was published in February 2011. WikiLeaks published the unredacted files in September

Cook then goes on to highlight the deceptions:

  1. The claim that the password was “temporary” is just that – a self-exculpatory claim by David Leigh. There is no evidence to back it up beyond Leigh’s statement that Assange said it. And the idea that Assange would say it defies all reason. Leigh himself states in the book that he had to bully Assange into letting him have the password precisely because Assange was worried that a tech neophyte like Leigh might do something foolish or reckless. Assange needed a great deal of persuading before he agreed. The idea that he was so concerned about the security of a password that was to have a life-span shorter than a mayfly is simply not credible.

  1. Not only was the password not temporary, but it was based very obviously on a complex formula Assange used for all Wikileaks’ passwords to make them impossible for others to crack but easier for him to remember. By divulging the password, Leigh gave away Assange’s formula and offered every security service in the world the key to unlocking other encrypted files. The claim that Assange had suggested to Leigh that keeping the password secret was not of the most vital importance is again simply not credible.
  2. But whether or not Leigh thought the password was temporary is beside the point. Leigh, as an experienced investigative journalist and one who had little understanding of the tech world, had a responsibility to check with Assange that it was okay to publish the password. Doing anything else was beyond reckless. This was a world Leigh knew absolutely nothing about, after all.

But there was a reason Leigh did not check with Assange: he and Harding wrote the book behind Assange’s back. Leigh had intentionally cut Assange out of the writing and publication process so that he and the Guardian could cash in on the Wikileak founder’s early fame. Not checking with Assange was the whole point of the exercise.

  1. It is wrong to lay all the blame on Leigh, however. This was a Guardian project. I worked at the paper for years. Before any article is published, it is scrutinised by backbench editors, sub-editors, revise editors, page editors and, if necessary, lawyers and one of the chief editors. A Guardian book on the most contentious, incendiary publication of a secret cache of documents since the Pentagon Papers should have gone through at least the same level of scrutiny, if not more.

So how did no one in this chain of supervision pause to wonder whether it made sense to publish a password to a Wikileaks file of encrypted documents? The answer is that the Guardian was in a publishing race to get its account of the ground-shattering release of the Iraq and Afghan diaries out before any of its rivals, including the New York Times and Der Spiegel. It wanted to take as much glory as possible for itself in the hope of winning a Pulitzer. And it wanted to settle scores with Assange before his version of events was given an airing in either the New York Times or Der Spiegel books. Vanity and greed drove the Guardian’s decision to cut corners, even if it meant endangering lives.

  1. Nauseatingly, however, the Guardian not only seeks to blame Assange for its own mistake but tells a glaring lie about the circumstances. Its statement says: “No concerns were expressed by Assange or WikiLeaks about security being compromised when the book was published in February 2011. WikiLeaks published the unredacted files in September 2011.”

It is simply not true that Assange and Wikileaks expressed no concern. They expressed a great deal of concern in private. But they did not do so publicly – and for very good reason.

Any public upbraiding of the Guardian for its horrendous error would have drawn attention to the fact that the password could be easily located in Leigh’s book. By this stage, there was no way to change the password or delete the file, as has been explained to the Old Bailey hearing by a computer professor, Christian Grothoff, of Bern University. He has called Leigh a “bad faith actor”.

So Assange was forced to limit the damage quietly, behind the scenes, before word of the password’s publication got out and the file was located. Ultimately, six months later, when the clues became too numerous to go unnoticed, and Cryptome had published the unredacted file on its website, Assange had no choice but to follow suit.

This is the real story, the one the Guardian dare not tell. Despite the best efforts of the US lawyers and the judge at the Old Bailey hearings, the truth is finally starting to emerge. Now it is up to us to make sure the Guardian is not allowed to continue colluding in this crime against Assange and the press freedoms he represents.

Click here to read Jonathan Cook’s article in full at Counterpunch and here to read his previous article also published by Counterpunch.

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Update:

On October 3rd, Craig Murray spoke about the hearing with Chris Hedges on his RT show ‘On Contact’:

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Filed under Australia, Britain, Craig Murray, internet freedom, John Pilger, Noam Chomsky

Brazilian ex-President Lula da Silva on Op. Car Wash, Bolsonaro, Assange, US meddling and more

In April 2018 former Brazilian President Lula da Silva (of the Workers’ Party or PT) was convicted on charges of money laundering and corruption and sentenced to serve 12 years following the largest investigation into corruption in the country’s history; this was so-called Operation Car Wash.

Although Lula’s sentence was upheld at appeal, he has always vigorously denied all the charges and consistently claimed the case against him was politically motivated: Lula’s conviction immediately opening the way for Jair Bolsonaro to be elected with his main challenger now eliminated from the race. As if to settle the matter, Judge Sérgio Moro, who had presided over the case, was shortly afterward appointed as Bolsonaro’s Minister of Justice:

In a transaction that even anti-Lula crusaders found highly distasteful, the judge who found Lula guilty and cleared the path for Bolsonaro’s ascension to the presidency — Judge Moro — thereafter accepted a position in Bolsonaro’s government that has been described as a “Super Justice Minister”: a newly designed position consolidating powers under Moro that had previously been dispersed among various agencies. It rendered Judge Moro — less than a year after putting Lula in prison and thus removing Bolsonaro’s key obstacle — one of the most powerful men in Brazil.

From an article written by Glenn Greenwald based around an interview he conducted with Lula while he was still in prison. In the same piece, Greenwald explains in more detail how Lula’s conviction paved the way for Bolsonaro’s accession:

Lula’s criminal conviction on corruption charges last year came under highly suspicious circumstances. All year long, polls showed him as the clear front-runner for the 2018 presidential race. After anti-PT forces finally succeeded with [former President] Dilma [Rousseff]’s impeachment in doing what they spent 16 years trying with futility to accomplish at the ballot box — removing PT from power — it seemed that Lula’s 2018 return to presidency was virtually inevitable and that only one instrument existed for preventing it: quickly convicting him of a felony which, under Brazilian law, would render him ineligible to run as a candidate. And that’s precisely what happened. 1

Lula was finally released in November 2019 after serving 580 days in prison. This followed revelations also published by Glenn Greenwald in The Intercept based on:

[G]roup chats between Car Wash prosecutors and conversations between task force coordinator Deltan Dallagnol and Moro, showing that the then-judge and the prosecutors were unethically and inappropriately collaborating in secret. Despite repeatedly insisting in public that they were acting ethically and impartially, the chats revealed that the judge was passing on advice, investigative leads, and inside information to the prosecutors — who were themselves plotting to prevent Lula’s Workers’ Party from winning last year’s election. 2

Click here to find the full “Secret Brazil Archive” published by The Intercept (The quote above is from Part 4 of the 14 part series).

On his release, Lula spoke to supporters saying, “They did not imprison a man. They tried to kill an idea.”

Adding that under Bolsonaro, “Brazil did not improve, Brazil got worse. The people are going hungry. The people are unemployed. The people do not have formal jobs. People are working for Uber – they’re riding bikes to deliver pizzas.” 3

Click here to read an earlier post about the coup against Dilma Rousseff entitled “‘Brazil’: now more than ever, a satire for our age”.

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On Saturday, RT’s Going Underground devoted its show to an extended interview with Lula da Silva, which is embedded below. He told host Afshin Rattansi:

In Brazil some important things took place that the world needs to know about. For the first time in its history, during my government, Brazil became an international player. Brazil had created UNASUL [the Union of South American Nations] demonstrating a beautiful relationship within South America. Brazil had developed a relationship between South America and Africa; between South America and the Arab countries. Brazil had taken part in the creation of the BRICS. Brazil had created IBAS [or IBAS initiative (India, Brazil and South Africa), also called the G-3]. That is, Brazil was becoming an international player and that is something that the Americans never allowed.

Now Brazil is returning to the colonial period. After the coup on President Dilma, they would never want to have Lula back as the President of the Republic to continue our domestic social inclusion policy and our international protagonism policy. They want Brazil to continue to be a colony.

So they conjured this lie called the Car Wash Operation against me. They invented a lie during the procedure. They condemned me without any evidence. I’ve proved my innocence and I am waiting for them to prove any guilt on my part. I have challenged the Federal Prosecutor and the Judge who headed my trial. But I am much more concerned with Brazil at this moment. [from 4:55 mins]

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Continuing:

We had eliminated hunger in Brazil and hunger has returned. We were in a process of raising education in this country and now we have a great setback in education as well as in science and technology.

We have major setbacks in the environmental legislation, in deforestation and in the preservation of our forests and out water resources. Obviously Brazil would be better off if I had been allowed to be a candidate [during the last Presidential elections]. They withdrew my candidacy for presidency with a legal procedure because they knew that if I ran in the elections I would have won in the first round.

And here in Brazil, a part of the country’s elite cannot stand to see poor people eating in restaurants, or travelling by plane, or buying cars. They cannot stand to see poor people ascending, which is what we achieved through hundreds of public policies to improve the lives of the poor people in this country.

I am proud that the President of the United Nations acknowledged that Brazil had eliminated hunger. I am proud that in 2010, Brazil was the country with the highest level of hope in the world – with the happiest people in the world – because we had so many expectations; so many dreams. And Brazil was about to become the fifth global economy.

Now we see Brazil experiencing a rise in poverty. People are hungry in Sao Paolo, in Rio de Janeiro and all over the country people have gone back to the streets. Wages dropped drastically and unemployment has risen. This is the country of the fascists who rule it.

I want a democratic country, a sovereign country, a country where people are happy and proud to say they are Brazilian. [from 6:25 mins]

When asked whether leaving the oligarchs in power to falsely prosecute him and afterwards to remove Dilma from office in a de facto coup, Lula replies:

I won an election; I did not start a revolution. I do not believe that a metalworker, like myself, could have become President of the Republic if it had not been for democracy; and if it had not been, most of all for democracy and for the Brazilian people’s comprehension and maturity when they voted.

I confess that I ruled for all. I doubt that there was any moment in Brazil’s history when everyone benefited so much. It is true that businesses won. It is true that bankers won. It is true that big landowners won. But it is also true that the poor workers won too.

We had the greatest pay rise for the poor during my government; the greatest rise in education. We are already known in history as the government that built the greatest number of universities and technical schools; invested the most in science and technology; and for sure we must have made mistakes, or else there would have been no coup against President Dilma.

The coup was the beginning of a new attitude in Brazil. In my opinion it was organised by the US Department of Justice with the participation of the CIA. We have video recordings. The Intercept has publicly exposed all the scams of the Federal Prosecutor and Judge Moro – and the participation of the US DOJ in destroying the construction and engineering sector in Brazil; the gas industry in Brazil; and the country’s politics. Because the US never accepted the fact that Brazil would become an international player.

You must remember that the US and Europe had a hard time dealing with Iran, because they could not reach an agreement with regards to uranium enrichment. Ambassador Celso Amorim and I went to Iran with the President of Turkey, and we were successful in convincing Iran to accept an agreement which was better than this deal that was signed by the Americans and the European Union.

Regretfully, when we proposed the agreement I expected that the US and the EU would thanks Brazil and Turkey; instead they applied more sanctions against Iran in a clear demonstration that they were telling us that Brazil is a small third world country that cannot meddle with major countries’ affairs.  [from 8:50 mins]

In 2008, Lula had also negotiated with French President Nicolas Sarkozy to win a contract with naval supplier DCNS [renamed Naval Group] for the sale of five submarines. This deal permitted a transfer of technology enabling Brazil to assemble four conventional submarines and one submarine with nuclear capability. During Operation Car Wash in 2016, DCNS was investigated over concerns of “corruption of foreign officials”. Asked about this part of the scandal, Lula says:

I am certain that the Americans did not agree that we should settle an agreement with France to build the nuclear submarine. I am certain that they did not appreciate it when I created the South American Defence Secretariat because as soon as we discovered the pre-salt oil, which was the major oil discovery of the twenty-first century – one thousand meters deep in the Atlantic Ocean – the Americans announced that they would reactivate their Fourth (maritime) Fleet in the Atlantic Ocean, which had ceased to operate after World War II.

Petrobras, the Brazilian state-run energy giant, had discovered the Tupi oilfield, which is located in the Santos Basin’s subsalt layer and estimated to hold recoverable reserves of between 5 billion and 8 billion barrels of oil, back in November 2007. It began pumping in May 2009. 4

Our oil is on the maritime border with international waters. So I believe that the US truly is interested in taking over our oil, just as they grabbed so much oil in so many countries around the world.

As you know Afshin, all political confusions around the world occur because of oil and the Americans do not want Petrobras, or the Brazilian people, to keep all that oil. [from 15:15 mins]

Lula also spoke about the assistance gave to his friend Hugo Chavez in Venezuela:

I had a fantastic relationship with President Chavez for many years, and I created a group of “Friends of Venezuela” to prevent any American intervention. And we were very successful during the Bush administration and later in the Obama administration with the following phrase: The people of Venezuela take care of democracy in Venezuela.

An American citizen who wins elections based on fake news like Trump has no moral authority to talk about democracy – likewise Bolsonaro in Brazil. Certainly I may have been naive, as well as Dilma, in believing in democracy; in believing in the conduct of the Brazilian elite, and we are paying the price for that. But nevertheless, I think that the solution is a democratic one. It involves democracy; freedom of the press; freedom of labour unions; freedom of association; respect for human rights. This is what motivates me and this is what I will fight for because it is only with democracy that we will be able to improve the quality of life of the poor; of the workers; and of the excluded people in our country. [from 17:00 mins]

Regarding the current political situation in Brazil, Lula says he thinks his former prosecutor Sérgio Moro will not run for President in 2022:

Moro will never become president. Moro was fabricated by Globo TV. Moro is an invention of the media and without the media, he is nothing. Moro is a citizen who I believe seems to be a coward because I have challenged him to debate with me. Now that he’s no longer a judge he could debate with me, but he won’t. And I do not think Globo will have the guts to support him. But if he is it is not a problem at all. [from 21:50 mins]

While at another point Lula says:

I am sure that Moro and [lead prosecutor of Op. Car Wash, Deltan] Dallagnol must take very heavy drugs to sleep because their conscience is not calm. They know that they lied about me. Dallagnol knows that he formed a gang in the Car Wash taskforce to pass on information to the US, and to strike a deal – a financial deal even – through which Dallagnol would raise a 200 million real fund to do something here in Brazil. My conscience is clear because my innocence is proven. Now I want to prove their guilt in the crimes they committed against Brazil. Attempting to destroy Brazil’s sovereignty.

Today I do not feel any hatred or resentment. I am actually destined to continue fighting for democracy, because as you know, although I will be 75-years old on October 27th, I have the energy of a thirty-year old and the political will of a twenty-year old. Therefore I still have a lot of energy to fight for democracy and for the Brazilian people and also to try to contribute to a world with new leaders that are more impetuous and brave for politics, because world governance nowadays has been outsourced.

Crises are no longer managed by governments, but rather by bureaucrats. So there are no more political leaders and this weakens politics and originates people of the like of Trump and Bolsonaro. [from 12:15 mins]

The full story is available in the “Secret Brazil Archive” at The Intercept but you can also read a summary of some of these allegation in a Guardian report published in June 2019.

Asked why he did nothing to reform oligarch-owned media in Brazil, Lula says:

I didn’t do anything because in Brazil to change the rules for the media you need to submit a bill to be voted in the National Congress and the majority in Congress being so conservative will never approve the rules to make the media more democratic.

We created a public TV channel. Certainly we did not make the necessary investments to make it competitive – not financially competitive – but competitive with regards to providing more information to society. This is something I regret not having one.

We developed a project to regulate the media – it was complete by mid-2009. We did not have support from Congress because elections would be held the following year, and we left it for the new administration. This is one thing that we will need to do when the PT returns to the government, because information that is meant for society cannot have an owner. Information cannot be conveyed to society from the viewpoint of ‘the economy’, or of a part of that society. [from 20:00 mins]

And regarding the incarceration and looming potential extradition to America of Julian Assange, Lula reminds us:

It is true that the Americans may hate Snowden because he was a State Department employee and he leaked information, but the fact is that Assange should be considered a hero by all democratic countries around the world. Because he was the one who used Snowden’s leaks to expose US espionage in Petrobras, in Brazil, in Germany, in Argentina, in France. That is why Assange cannot be handed over to the US. Assange should win the Nobel Peace Prize because he managed to expose the rotten espionage of the US in the rest of the world.

It is a pity that European and South American countries are not brave enough to stand up for Assange for all the good he did for mankind. [from 18:30 mins]

At the beginning of the interview, Afshin Rattansi asks Lula directly “why are you accusing your successor Jair Bolsonaro of genocide?” To which he replies:

For a very simple reason, our president did not take care of Brazil and of the Brazilian people as he should have done. This pandemic did not reach Brazil without prior notice. We already had experience of what was going on in other countries around the world, and the president should simply have done the obvious, only what common sense teaches us to do.

The president, since he doesn’t know about anything except weapons and violence, should have set up a technical committee with experts and scientists. He should have gathered all state governors as well as mayors and established a crisis committee to guide Brazilian society – to participate in the process of mitigating the impact of the pandemic in Brazil.

He did not do this. He decried the pandemic. He said that people should not wear masks. He proscribed a drug called chloroquinine to the population without any scientific basis. And to this date he continues to vulgarise death because effectively he does not believe in science, or in the Brazilian people, and he does not respect individuals. The only thing he does is compliment Trump and to try to copy the same foolish things that Trump does in the US. [from 1:27 mins]

Later in the interview, Lula is asked what he believes the likely consequences of Bolsonaro winning 2022 election will be, especially when it comes to impacts on the environment. He replies:

[Protection of] the Amazon must remain an issue for the Brazilian society. The Amazon does not need to have squatters or invaders. Instead of cattle breeders and soy bean farmers, the Amazon needs to be occupied by researchers, anthropologists and scientists to study its plants and animals, and all of the pharmacological wealth it has, as well as its potential to feed our society.

The Amazon is extraordinary for mankind and Brazil needs to have the obligation, the moral and ethical commitment, to preserve the Amazon in order to provide balance to Planet Earth. This is an irresponsibility of the Bolsonaro government, which has destroyed the entire surveillance system. Even the director of the agency that monitored deforestation with spatial imaging was dismissed. Now they are blaming the indigenous people and the small farmers for deforestation.

I have high hopes that in 2022, Brazil will return to democracy: that the people will elect a democrat for president who respects the environment and our air space; our borders; and who knows the meaning of our country’s sovereignty. [from 22:30 mins]

Adding finally:

I am convinced that the only solution we have is to strengthen democracy including for the American people now. They have the right to change American politics by electing someone who is civilised; someone who has some humanity; someone who has at least some respect for blacks, for native Americans, for the women and for differences between human beings. Therefore we have the duty to rebuild democracy in the world, so that we can prevent the destruction of Planet Earth, which is like a boat and we are all sinking in it.

I think we need to realise that the Americans are going backwards in exercising democracy. Recently I saw Trump calling Obama a communist. Calling Biden a communist. Calling Clinton a communist. He doesn’t even know what communism is.

I think ignorance is defeating intelligence and… intelligence, humanism, solidarity need to be restored in the world. The world today is being ruled by committees, not by governments. I think that governments need to rediscover their role in governance including the United Nations.

The UN needs to change its role. Today’s UN cannot be the same as it was in 1948. We need to have African countries in the UN Security Council. We need Latin American countries in the Security Council. And countries like India. It cannot be the same five countries as in 1948. We need to create a new global governance.

In 1948 the UN was strong enough to create the State of Israel. In 2020 the UN does not have the power to create the Palestinian state.

It is shameful because we need to renegotiate the role of the UN and other institutions. We need to discuss the IMF. What is the use of the IMF? What is the use of the World Bank?

I have already talked to Pope Francis. I have gone to the World Council of Churches in Geneva. We need a global campaign against inequality on our planet. It is not possible that half a dozen entrepreneurs in digital corporations make in one year what billions of human beings do not ever have. We also need to discuss the role of capitalism. And I am willing to do this.  [from 24:35 mins]

Note that: The transcript above is my own although based on the translation provided by the show. It is more or less complete but reordered with time stamps for each section.

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1 From an article entitled “Watch: Interview With Brazil’s Ex-President Lula From Prison, Discussing Global Threats, Neoliberalism, Bolsonaro, and More” written by Glenn Greenwald, published in The Intercept on May 22, 2019. https://theintercept.com/2019/05/22/lula-brazil-ex-president-prison-interview/

2 From an article entitled “Their Little Show” which is Part 4 of a series of 14 articles based upon what is described as “A massive trove of previously undisclosed materials provid[ing] unprecedented insight into the operations of the anti-corruption task force that transformed Brazilian politics and gained worldwide attention”, entitled “Secret Brazil Archive” published by The Intercept. https://theintercept.com/series/secret-brazil-archive/ 

3 From an article entitled “Brazil’s former president Lula walks free from prison after supreme court ruling” written by Dom Phillips, published in the Guardian in November 8, 2019. https://www.theguardian.com/world/2019/nov/08/lula-brazil-released-prison-supreme-court-ruling

4 https://www.rigzone.com/news/oil_gas/a/75679/petrobras_pumps_first_crude_from_massive_tupi_field_offshore_brazil/ 

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Filed under analysis & opinion, Brazil, neo-liberalism, Venezuela

open letter signed by 40+ rights groups calls for UK government to free Julian Assange

Dozens of press freedom, human rights, and privacy rights organizations across five continents have co-signed an open letter to the U.K. Government calling for the immediate release of imprisoned WikiLeaks founder Julian Assange. The publisher, who turns 49 years old today in HMP Belmarsh, is facing extradition to the United States where he has been indicted under the Espionage Act for WikiLeaks’ 2010-11 publications of the Iraq War Logs, the Afghan War Diaries, and State Department cables. If convicted, Mr Assange would face up to 175 years in prison, “tantamount to a death sentence.”

Click here to read the full press release published today by Don’t Extradite Assange, the official website supporting his case.

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The letter is reprinted in full below:

Dear Rt Hon Robert Buckland QC MP [Secretary of State for Justice and Lord Chancellor],

On 8 June 2020, responding to a question in the House of Lords about the United Kingdom’s stance regarding the protection of journalists and press freedoms, Minister of State Lord Ahmad of Wimbledon said, “Media freedom is vital to open societies. Journalists must be able to investigate and report without undue interference”.

We, the undersigned, agree with this statement and call on the UK government to uphold its commitment to press freedom in its own country. At the time of Lord Ahmad’s remarks, WikiLeaks publisher Julian Assange had been imprisoned on remand in the high-security HMP Belmarsh for more than a year as he faces extradition to the United States on charges of publishing. We call on the UK government to release Mr Assange from prison immediately and to block his extradition to the US.

The US government has indicted Mr Assange on 18 counts for obtaining, possessing, conspiring to publish and for publishing classified information. The indictment contains 17 count sunder the Espionage Act of 1917 and one charge of conspiring (with a source) to violate the Computer Fraud and Abuse Act, which uses Espionage Act language. This is the first ever use of such charges for the publication of truthful information in the public interest, and it represents a gravely dangerous attempt to criminalise journalist-source communications and the publication by journalists of classified information, regardless of the newsworthiness of the information and incomplete disregard of the public’s right to know.

On 24 June 2020, the US Department of Justice issued a second superseding indictment against Mr Assange, adding no new charges but expanding on the charge for conspiracy to commit computer intrusion. This new indictment employs a selective and misleading narrative in an attempt to portray Mr Assange’s actions as nefarious and conspiratorial rather than as contributions to public interest reporting.

The charges against Mr Assange carry a potential maximum sentence of 175 years in prison. Sending Mr Assange to the US, where a conviction is a near certainty, is tantamount to a death sentence.

This is an unprecedented escalation of an already disturbing assault on journalism in the US, where President Donald Trump has referred to the news media as the “enemy of the people”. Whereas previous presidents have prosecuted whistleblowers and other journalistic sources under the Espionage Act for leaking classified information, the Trump Administration has taken the further step of going after the publisher.

Mr Assange himself has been persecuted for publishing for nearly a decade. In 2012, with fears of a US prosecution that later proved prescient, Mr Assange sought and was granted asylum from the government of Ecuador, and he entered the Ecuadorian embassy in London. Because the UK declined to guarantee Mr Assange wouldn’t be extradited to the US, the United Nations’ Working Group on Arbitrary Detention ruled that Mr Assange’s detention was indeed arbitrary and called on the UK to “immediately [allow] Wikileaks founder Julian Assange to walk free from the Ecuadorian embassy in London”.

President Obama’s administration prosecuted US Army intelligence analyst Chelsea Manning for disclosing hundreds of thousands of documents to WikiLeaks on the US’ wars in Iraq and Afghanistan, as well as State Department cables and files on inmates at the Guantanamo Bay prison. But the administration, which had empanelled a Grand Jury investigation into WikiLeaks as early as 2010, explicitly decided not to prosecute Mr Assange due to what it termed the “New York Times problem.” As the Washington Post explained in November 2013, “If the Justice Department indicted Assange, it would also have to prosecute the New York Times and other news organizations and writers who published classified material, including The Washington Post and Britain’s Guardian newspaper”.

When President Trump came to power, then-Attorney General of the US Jeff Sessions announced that prosecuting Assange would be a “priority”, despite the fact that no new evidence or information had come to light in the case. In April 2017, in a startling speech against WikiLeaks’ constitutional right to publish, then-CIA director Mike Pompeo declared WikiLeaks a “non-state hostile intelligence service” and said, “Julian Assange has no First Amendment privileges”.

On 11 April 2019, Ecuador illegally terminated Mr Assange’s diplomatic asylum in violation of the Geneva Refugee Convention and invited the British police into their embassy, where he was immediately arrested at the request of the US. Mr Assange served a staggering 50 weeks in prison for a bail violation, but when that sentence ended in September 2019, he was not released. Mr Assange continues to be detained at HMP Belmarsh, now solely at the behest of the US.

Even before the lockdown initiated by the coronavirus pandemic, Mr Assange has been held in conditions approaching solitary confinement, confined to his cell more than 22 hours a day. Now under containment measures, Mr Assange is even more isolated, and he hasn’t seen his own children in several months. Furthermore, Mr Assange has been allowed extremely limited access to his lawyers and documents, severely hampering his ability to participate in his own legal defence. Following a visit to HMP Belmarsh accompanied by medical doctors in May 2019, UN Special Rapporteur on Torture Nils Melzer determined that Mr Assange had endured psychological torture.

Mr Assange’s extradition hearing, which commenced for one week in February 2020 and is scheduled to continue for three more weeks, is set to resume in September. But the coronavirus, which has reportedly already killed at least one fellow inmate at HMP Belmarsh and which continues to spread through prisons at an alarming rate, puts the health and well-being of Mr Assange, who suffers from a chronic lung condition that makes him especially vulnerable to Covid-19, at serious risk.

The continued persecution of Mr Assange is contributing to a deterioration of press freedom in the UK and is serving to tarnish the UK’s international image. Reporters Without Borders cited the disproportionate sentencing of Mr Assange to 50 weeks in prison for breaking bail, the Home Office’s decision to greenlight the US extradition request, and Mr Assange’s continued detention as factors in the UK’s decline in ranking to 35th out of 180 countries in the 2020 World Press Freedom Index.

We call on the UK government to release Mr Assange without further delay and block his extradition to the US – a measure that could save Mr Assange’s life and preserve the press freedom that the UK has committed to championing globally.

Signed:

Nathan Fuller, Executive Director, Courage Foundation

Rebecca Vincent, Director of International Campaigns, Reporters Without Borders (RSF)

Adil Soz,  International Foundation for Protection of Freedom of Speech

Anthony Bellanger, General Secretary – International Federation of Journalists (IFJ)

Archie Law, Chair Sydney Peace Foundation

Carles Torner, Executive Director, PEN International

Christine McKenzie, President, PEN Melbourne

Daniel Gorman, Director, English PEN

Kjersti Løken Stavrum, President, PEN Norway

Lasantha De Silva, Freed Media Movement

Marcus Strom, President, MEAA Media, Australia

Mark Isaacs, President of PEN International Sydney

Michelle Stanistreet, general secretary, National Union of Journalists (NUJ)

Mousa Rimawi, Director, MADA- the Palestinian Center for Development and Media Freedoms

Naomi Colvin, UK/Ireland Programme Director, Blueprint for Free Speech

Nora Wehofsits, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF)

Peter Tatchell, Peter Tatchell Foundation

Ralf Nestmeyer, Vice President, German PEN

Rev Tim Costello AO, Director of Ethical Voice

Robert Wood, Chair, PEN Perth

Ruth Smeeth, Chief Executive Officer, Index on Censorship

Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19

Silkie Carlo, Director, Big Brother Watch

William Horsley, Media Freedom Representative, Association of European Journalists Foundation for Press Freedom (Fundación para la Libertad de Prensa)

Americans for Democracy & Human Rights in Bahrain (ADHRB)

Bytes for All (B4A)

Center for Media Freedom & Responsibility (CMFR)

The Center for Media Studies and Peacebuilding (CEMESP-Liberia)

The Centre for Investigative Journalism (CIJ)

Free Media Movement Sri Lanka

Freedom Forum Nepal

IFoX / Initiative for Freedom of Expression – Turkey

International Association of Democratic Lawyers

International Press Centre (IPC)

The International Press Institute (IPI)

Media Foundation for West Africa

Mediacentar Sarajevo

National Lawyers Guild International Committee

Pakistan Press Foundation (PPF)

South East Europe Media Organisation (SEEMO)

World Association of Community Radio Broadcasters (AMARC)

Open Letter Calling To Free WikiLeaks Publisher Julian Assange

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Additional:

Yesterday, The Grayzone’s ‘Red Lines’ host Anya Parampil spoke with Kevin Gosztola, an editor with Shadowproof Media and co-host of the Unauthorized Disclosure Podcast, about the latest indictment handed down against Wikileaks founder Julian Assange. The new indictment does not levy any additional charges against Assange, so what purpose does it serve?

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On July 14th, Craig Murray posted an article entitled “Damage to the Soul” in which he explains at length how the second indictment against Assange artfully opens the way for a prosecution on charges entirely unrelated to those cited for his extradition. As Murray says:

“To have extradition decided on the merits of one indictment when the accused actually faces another is an outrage. To change the indictment long after the hearing is underway and defence evidence has been seen is an outrage. The lack of media outrage is an outrage.”

I have reproduced Murray’s piece in full below:

The imprisonment of Julian Assange has been a catalogue of gross injustice heaped upon gross injustice, while a complicit media and indoctrinated population looks the other way. In a truly extraordinary twist, Assange is now being extradited on the basis of an indictment served in the UK, which is substantially different to the actual indictment he now faces in Virginia if extradited.

The Assange hearing was adjourned after its first full week, and its resumption has since been delayed by coronavirus. In that first full week, both the prosecution and the defence outlined their legal arguments over the indictment. As I reported in detail to an audience of millions, Assange’s legal team fairly well demolished the key arguments of the prosecution during that hearing.

This extract from my report of the Defence case is of particular relevance to what has since happened:

For the defence, Mark Summers QC stated that the USA charges were entirely dependent on three factual accusations of Assange behviour:

1) Assange helped Manning to decode a hash key to access classified material.
Summers stated this was a provably false allegation from the evidence of the Manning court-martial.

2) Assange solicited the material from Manning
Summers stated this was provably wrong from information available to the public

3) Assange knowingly put lives at risk
Summers stated this was provably wrong both from publicly available information and from specific involvement of the US government.

In summary, Summers stated the US government knew that the allegations being made were false as to fact, and they were demonstrably made in bad faith. This was therefore an abuse of process which should lead to dismissal of the extradition request. He described the above three counts as “rubbish, rubbish and rubbish”.

Summers then walked through the facts of the case. He said the charges from the USA divide the materials leaked by Manning to Wikileaks into three categories:

  1. a) Diplomatic Cables
    b) Guantanamo detainee assessment briefs
    c) Iraq War rules of engagement
    d) Afghan and Iraqi war logs

Summers then methodically went through a), b), c) and d) relating each in turn to alleged behaviours 1), 2) and 3), making twelve counts of explanation and exposition in all. This comprehensive account took some four hours and I shall not attempt to capture it here. I will rather give highlights, but will relate occasionally to the alleged behaviour number and/or the alleged materials letter. I hope you follow that – it took me some time to do so!

On 1) Summers at great length demonstrated conclusively that Manning had access to each material a) b) c) d) provided to Wikileaks without needing any code from Assange, and had that access before ever contacting Assange. Nor had Manning needed a code to conceal her identity as the prosecution alleged – the database for intelligence analysts Manning could access – as could thousands of others – did not require a username or password to access it from a work military computer. Summers quoted testimony of several officers from Manning’s court-martial to confirm this. Nor would breaking the systems admin code on the system give Manning access to any additional classified databases. Summers quoted evidence from the Manning court-martial, where this had been accepted, that the reason Manning wanted to get in to systems admin was to allow soldiers to put their video-games and movies on their government laptops, which in fact happened frequently.

Magistrate Baraitser twice made major interruptions. She observed that if Chelsea Manning did not know she could not be traced as the user who downloaded the databases, she might have sought Assange’s assistance to crack a code to conceal her identity from ignorance she did not need to do that, and to assist would still be an offence by Assange.

Summers pointed out that Manning knew that she did not need a username and password, because she actually accessed all the materials without one. Baraitser replied that this did not constitute proof she knew she could not be traced. Summers said in logic it made no sense to argue that she was seeking a code to conceal her user ID and password, where there was no user ID and password. Baraitser replied again he could not prove that. At this point Summers became somewhat testy and short with Baraitser, and took her through the court martial evidence again. Of which more…

Baraitser also made the point that even if Assange were helping Manning to crack an admin code, even if it did not enable Manning to access any more databases, that still was unauthorised use and would constitute the crime of aiding and abetting computer misuse, even if for an innocent purpose.

Now while there is no evidence that judge Baraitser is giving any serious consideration to the defence case, what this has done is show the prosecutors the holes in their argument which would cause them serious problems should they get Julian to trial in the United States. In particular, they are wary of the strong freedom of speech protections in the US constitution and so are desperate to portray Julian as a hacker, and not a journalist. But, as you can see above, their case for this is not looking strong.

So the prosecution needed a different case. They have therefore entirely changed the indictment against Julian in Virginia, and brought in a superseding indictment.

As you can see, this is about switching to charges firmly grounded in “hacking”, rather than in publishing leaks about appalling American war crimes. The new indictment is based on the evidence of a “supergrass”, Sigurdur Thordarson, who was acting a paid informant to the FBI during his contact with Wikileaks.

Thordarson is fond of money and is a serial criminal. He was convicted on 22 December 2014 by Reykjanes District Court in Iceland of stealing over US $40,000 and over 13,000 euro from Wikileaks “Sunshine Press” accounts by forging documents in the name of Julian Assange, and given a two year jail sentence. Thordarson is also a convicted sex offender, and was convicted after being turned in to the police by Julian Assange, who found the evidence – including of offences involving a minor – on Thordarson’s computer.

There appears scope to doubt the motives and credentials of the FBI’s supergrass.

The FBI have had Thordarson’s “Evidence” against Assange since long before the closing date for submissions in the extradition hearing, which was June 19th 2019. That they now feel the need to deploy this rather desperate stuff is a good sign of how they feel the extradition hearing has gone so far, as an indicator of the prospects of a successful prosecution in the USA.

This leaves the UK extradition in a state of absolute farce. I was involved in discussion with Wikileaks about what would happen when the supervising indictment was introduced at the procedural hearing last month. It ought not to have been accepted – it is over a year since the closing date, and a week of opening arguments on the old indictment have already been heard. The new indictment is plainly designed to redress flaws in the old one exposed at the hearing.

The superseding indictment also is designed to counter defence witness affidavits which have been disclosed to the prosecution, including expert witness testimony which refutes the indictment on Assange’s alleged hacking assistance to Manning – until now the sole ground of the “hacking” accusation. This switch, we averred, was an outrageous proposition. Was the whole hearing to start again on the basis of the new indictment?

Then, to our amazement, the prosecution did not put forward the new indictment at the procedural hearing at all. To avoid these problems, it appears they are content to allow the extradition hearing to go ahead on the old indictment, when that is not in fact the indictment which awaits Assange in the United States. This is utterly outrageous. The prosecution will argue that the actual espionage charges themselves have not changed. But it is the indictment which forms the basis of the extradition hearing and the different indictment which would form the basis of any US prosecution.

To have extradition decided on the merits of one indictment when the accused actually faces another is an outrage. To change the indictment long after the hearing is underway and defence evidence has been seen is an outrage. The lack of media outrage is an outrage.

None of which will come as any shock to those of us who have been paying attention. We have to continue to build public consciousness of the fact that the annihilation of a journalist for exposing war crimes, based on a catalogue of state lies and dodgy procedure, is not an act that the state can undertake without damage to the very soul of the nation.

Click here to read the same article on Craig Murray’s official website.

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The United States government expanded their indictment against WikiLeaks founder Julian Assange to criminalize the assistance WikiLeaks provided to NSA whistleblower Edward Snowden when staff helped him leave Hong Kong.

Sarah Harrison, who was a section editor for WikiLeaks, Daniel Domscheit-Berg, a former spokesperson, and Jacob Appelbaum, a digital activist who represented WikiLeaks at conferences, are targeted as “co-conspirators” in the indictment [PDF], though neither have been charged with offenses.

No charges were added, however, it significantly expands the conspiracy to commit computer intrusion charge and accuses Assange of conspiring with “hackers” affiliated with “Anonymous,” “LulzSec,” “AntiSec,” and “Gnosis.”

From an article entitled “US Government Expands Assange Indictment to Criminalize Assistance Provided to Edward Snowden, written by Kevin Gosztola, published in Shadowproof on June 25, 2020. https://shadowproof.com/2020/06/25/assange-indictment-wikileaks-staff-criminalized-help-snowden/

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Filed under Britain, campaigns & events, Craig Murray, internet freedom, USA

‘Your Man in the Public Gallery’ – Craig Murray’s report from day 1 of the Assange hearing

The following report was published on Tuesday 25th by Craig Murray.

Woolwich Crown Court is designed to impose the power of the state. Normal courts in this country are public buildings, deliberately placed by our ancestors right in the centre of towns, almost always just up a few steps from a main street. The major purpose of their positioning and of their architecture was to facilitate public access in the belief that it is vital that justice can be seen by the public.

Woolwich Crown Court, which hosts Belmarsh Magistrates Court, is built on totally the opposite principle. It is designed with no other purpose than to exclude the public. Attached to a prison on a windswept marsh far from any normal social centre, an island accessible only through navigating a maze of dual carriageways, the entire location and architecture of the building is predicated on preventing public access. It is surrounded by a continuation of the same extremely heavy duty steel paling barrier that surrounds the prison. It is the most extraordinary thing, a courthouse which is a part of the prison system itself, a place where you are already considered guilty and in jail on arrival. Woolwich Crown Court is nothing but the physical negation of the presumption of innocence, the very incarnation of injustice in unyielding steel, concrete and armoured glass. It has precisely the same relationship to the administration of justice as Guantanamo Bay or the Lubyanka. It is in truth just the sentencing wing of Belmarsh prison.

When enquiring about facilities for the public to attend the hearing, an Assange activist was told by a member of court staff that we should realise that Woolwich is a “counter-terrorism court”. That is true de facto, but in truth a “counter-terrorism court” is an institution unknown to the UK constitution. Indeed, if a single day at Woolwich Crown Court does not convince you the existence of liberal democracy is now a lie, then your mind must be very closed indeed.

Extradition hearings are not held at Belmarsh Magistrates Court inside Woolwich Crown Court. They are always held at Westminster Magistrates Court as the application is deemed to be delivered to the government at Westminster. Now get your head around this. This hearing is at Westminster Magistrates Court. It is being held by the Westminster magistrates and Westminster court staff, but located at Belmarsh Magistrates Court inside Woolwich Crown Court. All of which weird convolution is precisely so they can use the “counter-terrorist court” to limit public access and to impose the fear of the power of the state.

One consequence is that, in the courtroom itself, Julian Assange is confined at the back of the court behind a bulletproof glass screen. He made the point several times during proceedings that this makes it very difficult for him to see and hear the proceedings. The magistrate, Vanessa Baraitser, chose to interpret this with studied dishonesty as a problem caused by the very faint noise of demonstrators outside, as opposed to a problem caused by Assange being locked away from the court in a massive bulletproof glass box.

Now there is no reason at all for Assange to be in that box, designed to restrain extremely physically violent terrorists. He could sit, as a defendant at a hearing normally would, in the body of the court with his lawyers. But the cowardly and vicious Baraitser has refused repeated and persistent requests from the defence for Assange to be allowed to sit with his lawyers. Baraitser of course is but a puppet, being supervised by Chief Magistrate Lady Arbuthnot, a woman so enmeshed in the defence and security service establishment I can conceive of no way in which her involvement in this case could be more corrupt.

It does not matter to Baraitser or Arbuthnot if there is any genuine need for Assange to be incarcerated in a bulletproof box, or whether it stops him from following proceedings in court. Baraitser’s intention is to humiliate Assange, and to instill in the rest of us horror at the vast crushing power of the state. The inexorable strength of the sentencing wing of the nightmarish Belmarsh Prison must be maintained. If you are here, you are guilty.

It’s the Lubyanka. You may only be a remand prisoner. This may only be a hearing not a trial. You may have no history of violence and not be accused of any violence. You may have three of the country’s most eminent psychiatrists submitting reports of your history of severe clinical depression and warning of suicide. But I, Vanessa Baraitser, am still going to lock you up in a box designed for the most violent of terrorists. To show what we can do to dissidents. And if you can’t then follow court proceedings, all the better.

You will perhaps better accept what I say about the Court when I tell you that, for a hearing being followed all round the world, they have brought it to a courtroom which had a total number of sixteen seats available to members of the public. 16. To make sure I got one of those 16 and could be your man in the gallery, I was outside that great locked iron fence queuing in the cold, wet and wind from 6am. At 8am the gate was unlocked, and I was able to walk inside the fence to another queue before the doors of the courtroom, where despite the fact notices clearly state the court opens to the public at 8am, I had to queue outside the building again for another hour and forty minutes. Then I was processed through armoured airlock doors, through airport type security, and had to queue behind two further locked doors, before finally getting to my seat just as the court started at 10am. By which stage the intention was we should have been thoroughly cowed and intimidated, not to mention drenched and potentially hypothermic.

There was a separate media entrance and a media room with live transmission from the courtroom, and there were so many scores of media I thought I could relax and not worry as the basic facts would be widely reported. In fact, I could not have been more wrong. I followed the arguments very clearly every minute of the day, and not a single one of the most important facts and arguments today has been reported anywhere in the mainstream media. That is a bold claim, but I fear it is perfectly true. So I have much work to do to let the world know what actually happened. The mere act of being an honest witness is suddenly extremely important, when the entire media has abandoned that role.

James Lewis QC made the opening statement for the prosecution. It consisted of two parts, both equally extraordinary. The first and longest part was truly remarkable for containing no legal argument, and for being addressed not to the magistrate but to the media. It is not just that it was obvious that is where his remarks were aimed, he actually stated on two occasions during his opening statement that he was addressing the media, once repeating a sentence and saying specifically that he was repeating it again because it was important that the media got it.

I am frankly astonished that Baraitser allowed this. It is completely out of order for a counsel to address remarks not to the court but to the media, and there simply could not be any clearer evidence that this is a political show trial and that Baraitser is complicit in that. I have not the slightest doubt that the defence would have been pulled up extremely quickly had they started addressing remarks to the media. Baraitser makes zero pretence of being anything other than in thrall to the Crown, and by extension to the US Government.

The points which Lewis wished the media to know were these: it is not true that mainstream outlets like the Guardian and New York Times are also threatened by the charges against Assange, because Assange was not charged with publishing the cables but only with publishing the names of informants, and with cultivating Manning and assisting him to attempt computer hacking. Only Assange had done these things, not mainstream outlets.

Lewis then proceeded to read out a series of articles from the mainstream media attacking Assange, as evidence that the media and Assange were not in the same boat. The entire opening hour consisted of the prosecution addressing the media, attempting to drive a clear wedge between the media and Wikileaks and thus aimed at reducing media support for Assange. It was a political address, not remotely a legal submission. At the same time, the prosecution had prepared reams of copies of this section of Lewis’ address, which were handed out to the media and given them electronically so they could cut and paste.

Following an adjournment, magistrate Baraitser questioned the prosecution on the veracity of some of these claims. In particular, the claim that newspapers were not in the same position because Assange was charged not with publication, but with “aiding and abetting” Chelsea Manning in getting the material, did not seem consistent with Lewis’ reading of the 1989 Official Secrets Act, which said that merely obtaining and publishing any government secret was an offence. Surely, Baraitser suggested, that meant that newspapers just publishing the Manning leaks would be guilty of an offence?

This appeared to catch Lewis entirely off guard. The last thing he had expected was any perspicacity from Baraitser, whose job was just to do what he said. Lewis hummed and hawed, put his glasses on and off several times, adjusted his microphone repeatedly and picked up a succession of pieces of paper from his brief, each of which appeared to surprise him by its contents, as he waved them haplessly in the air and said he really should have cited the Shayler case but couldn’t find it. It was liking watching Columbo with none of the charm and without the killer question at the end of the process.

Suddenly Lewis appeared to come to a decision. Yes, he said much more firmly. The 1989 Official Secrets Act had been introduced by the Thatcher Government after the Ponting Case, specifically to remove the public interest defence and to make unauthorised possession of an official secret a crime of strict liability – meaning no matter how you got it, publishing and even possessing made you guilty. Therefore, under the principle of dual criminality, Assange was liable for extradition whether or not he had aided and abetted Manning. Lewis then went on to add that any journalist and any publication that printed the official secret would therefore also be committing an offence, no matter how they had obtained it, and no matter if it did or did not name informants.

Lewis had thus just flat out contradicted his entire opening statement to the media stating that they need not worry as the Assange charges could never be applied to them. And he did so straight after the adjournment, immediately after his team had handed out copies of the argument he had now just completely contradicted. I cannot think it has often happened in court that a senior lawyer has proven himself so absolutely and so immediately to be an unmitigated and ill-motivated liar. This was undoubtedly the most breathtaking moment in today’s court hearing.

Yet remarkably I cannot find any mention anywhere in the mainstream media that this happened at all. What I can find, everywhere, is the mainstream media reporting, via cut and paste, Lewis’s first part of his statement on why the prosecution of Assange is not a threat to press freedom; but nobody seems to have reported that he totally abandoned his own argument five minutes later. Were the journalists too stupid to understand the exchanges?

The explanation is very simple. The clarification coming from a question Baraitser asked Lewis, there is no printed or electronic record of Lewis’ reply. His original statement was provided in cut and paste format to the media. His contradiction of it would require a journalist to listen to what was said in court, understand it and write it down. There is no significant percentage of mainstream media journalists who command that elementary ability nowadays. “Journalism” consists of cut and paste of approved sources only. Lewis could have stabbed Assange to death in the courtroom, and it would not be reported unless contained in a government press release.

I was left uncertain of Baraitser’s purpose in this. Plainly she discomfited Lewis very badly on this point, and appeared rather to enjoy doing so. On the other hand the point she made is not necessarily helpful to the defence. What she was saying was essentially that Julian could be extradited under dual criminality, from the UK point of view, just for publishing, whether or not he conspired with Chelsea Manning, and that all the journalists who published could be charged too. But surely this is a point so extreme that it would be bound to be invalid under the Human Rights Act? Was she pushing Lewis to articulate a position so extreme as to be untenable – giving him enough rope to hang himself – or was she slavering at the prospect of not just extraditing Assange, but of mass prosecutions of journalists?

The reaction of one group was very interesting. The four US government lawyers seated immediately behind Lewis had the grace to look very uncomfortable indeed as Lewis baldly declared that any journalist and any newspaper or broadcast media publishing or even possessing any government secret was committing a serious offence. Their entire strategy had been to pretend not to be saying that.

Lewis then moved on to conclude the prosecution’s arguments. The court had no decision to make, he stated. Assange must be extradited. The offence met the test of dual criminality as it was an offence both in the USA and UK. UK extradition law specifically barred the court from testing whether there was any evidence to back up the charges. If there had been, as the defence argued, abuse of process, the court must still extradite and then the court must pursue the abuse of process as a separate matter against the abusers. (This is a particularly specious argument as it is not possible for the court to take action against the US government due to sovereign immunity, as Lewis well knows). Finally, Lewis stated that the Human Rights Act and freedom of speech were completely irrelevant in extradition proceedings.

Edward Fitzgerald then arose to make the opening statement for the defence. He started by stating that the motive for the prosecution was entirely political, and that political offences were specifically excluded under article 4.1 of the UK/US extradition treaty. He pointed out that at the time of the Chelsea Manning Trial and again in 2013 the Obama administration had taken specific decisions not to prosecute Assange for the Manning leaks. This had been reversed by the Trump administration for reasons that were entirely political.

On abuse of process, Fitzgerald referred to evidence presented to the Spanish criminal courts that the CIA had commissioned a Spanish security company to spy on Julian Assange in the Embassy, and that this spying specifically included surveillance of Assange’s privileged meetings with his lawyers to discuss extradition. For the state trying to extradite to spy on the defendant’s client-lawyer consultations is in itself grounds to dismiss the case. (This point is undoubtedly true. Any decent judge would throw the case out summarily for the outrageous spying on the defence lawyers).

Fitzgerald went on to say the defence would produce evidence the CIA not only spied on Assange and his lawyers, but actively considered kidnapping or poisoning him, and that this showed there was no commitment to proper rule of law in this case.

Fitzgerald said that the prosecution’s framing of the case contained deliberate misrepresentation of the facts that also amounted to abuse of process. It was not true that there was any evidence of harm to informants, and the US government had confirmed this in other fora, eg in Chelsea Manning’s trial. There had been no conspiracy to hack computers, and Chelsea Manning had been acquitted on that charge at court martial. Lastly it was untrue that Wikileaks had initiated publication of unredacted names of informants, as other media organisations had been responsible for this first.

Again, so far as I can see, while the US allegation of harm to informants is widely reported, the defence’s total refutation on the facts and claim that the fabrication of facts amounts to abuse of process is not much reported at all. Fitzgerald finally referred to US prison conditions, the impossibility of a fair trial in the US, and the fact the Trump Administration has stated foreign nationals will not receive First Amendment protections, as reasons that extradition must be barred. You can read the whole defence statement, but in my view the strongest passage was on why this is a political prosecution, and thus precluded from extradition.

For the purposes of section 81(a), I next have to deal with the question of how this politically motivated prosecution satisfies the test of being directed against Julian Assange because of his political opinions. The essence of his political opinions which have provoked this prosecution are summarised in the reports of Professor Feldstein [tab 18], Professor Rogers [tab 40], Professor Noam Chomsky [tab 39] and Professor Kopelman:-
i. He is a leading proponent of an open society and of freedom of expression.
ii. He is anti-war and anti-imperialism.
iii. He is a world-renowned champion of political transparency and of the public’s right to access information on issues of importance – issues such as political corruption, war crimes, torture and the mistreatment of Guantanamo detainees.

5.4. Those beliefs and those actions inevitably bring him into conflict with powerful states including the current US administration, for political reasons. Which explains why he has been denounced as a terrorist and why President Trump has in the past called for the death penalty.

5.5. But I should add his revelations are far from confined to the wrongdoings of the US. He has exposed surveillance by Russia; and published exposes of Mr Assad in Syria; and it is said that WikiLeaks revelations about corruption in Tunisia and torture in Egypt were the catalyst for the Arab Spring itself.

5.6. The US say he is no journalist. But you will see a full record of his work in Bundle M. He has been a member of the Australian journalists union since 2009, he is a member of the NUJ and the European Federation of Journalists. He has won numerous media awards including being honoured with the highest award for Australian journalists. His work has been recognised by the Economist, Amnesty International and the Council of Europe. He is the winner of the Martha Gelhorn prize and has been repeatedly nominated for the Nobel Peace Prize, including both last year and this year. You can see from the materials that he has written books, articles and documentaries. He has had articles published in the Guardian, the New York Times, the Washington Post and the New Statesman, just to name a few. Some of the very publications for which his extradition is being sought have been refereed to and relied upon in Courts throughout the world, including the UK Supreme Court and the European Court of Human Rights. In short, he has championed the cause of transparency and freedom of information throughout the world.

5.7. Professor Noam Chomsky puts it like this: – ‘in courageously upholding political beliefs that most of profess to share he has performed an enormous service to all those in the world who treasure the values of freedom and democracy and who therefore demand the right to know what their elected representatives are doing’ [see tab 39, paragraph 14]. So Julian Assange’s positive impact on the world is undeniable. The hostility it has provoked from the Trump administration is equally undeniable. The legal test for ‘political opinions’

5.8. I am sure you are aware of the legal authorities on this issue: namely whether a request is made because of the defendant’s political opinions. A broad approach has to be adopted when applying the test. In support of this we rely on the case of Re Asliturk [2002] EWHC 2326 (abuse authorities, tab 11, at paras 25 – 26) which clearly establishes that such a wide approach should be adopted to the concept of political opinions. And that will clearly cover Julian Assange’s ideological positions. Moreover, we also rely on cases such as Emilia Gomez v SSHD [2000] INLR 549 at tab 43 of the political offence authorities bundle. These show that the concept of “political opinions” extends to the political opinions imputed to the individual citizen by the state which prosecutes him. For that reason the characterisation of Julian Assange and WikiLeaks as a “non-state hostile intelligence agency” by Mr Pompeo makes clear that he has been targeted for his imputed political opinions. All the experts whose reports you have show that Julian Assange has been targeted because of the political position imputed to him by the Trump administration – as an enemy of America who must be brought down.

Tomorrow the defence continue. I am genuinely uncertain what will happen as I feel at the moment far too exhausted to be there at 6am to queue to get in. But I hope somehow I will contrive another report tomorrow evening.

With grateful thanks to those who donated or subscribed to make this reporting possible.

This article is entirely free to reproduce and publish, including in translation, and I very much hope people will do so actively. Truth shall set us free.

Click here to read the same report on Craig Murray’s official website.

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Filed under Britain, Craig Murray, Noam Chomsky

Julian Assange will face a show trial in the United States says UN Special Rapporteur Nils Melzer

[The current hearing is] about whether this show trial should go ahead, because there’s going to be nothing else than a show trial in the US. There’s no chance he’s going to get a fair trial.

It’s not just about Julian Assange. This really is a battle over press freedom, over the rule of law, over the future I would say even of democracy. Because democracy, which means that the people control governmental power; this cannot exist with secrecy. You deprive the public of the right to know, and you deprive them of the tools to control the government.

—  Nils MelzerUN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

*

When Nils Melzer visited Julian Assange in Belmarsh Prison during May last year, he afterwards reported that “Assange showed all symptoms typical for prolonged exposure to psychological torture, including extreme stress, chronic anxiety and intense psychological trauma”, describing the evidence as “overwhelming and clear”. He also made an official appeal to the British Government not to extradite Assange directly to the United States or to any other State failing to provide reliable guarantees against his onward transfer to the United States.

Melzer concluded: “In 20 years of work with victims of war, violence and political persecution I have never seen a group of democratic States ganging up to deliberately isolate, demonise and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law,” adding simply, “The collective persecution of Julian Assange must end here and now!”

Embedded above is a short interview with Nils Melzer broadcast on today’s ‘Going Underground’. The full transcript below is mine:

Afshin Rattansi: Special Rapporteur welcome back to Going Underground. Before we get to issues around the court case at Woolwich Crown Court – the Belmarsh crown court – we are hearing from people from the Labour Party, pretty mainstream, now coming onboard to support Julian Assange. Is what you have been saying since your report into the alleged persecution of Julian Assange becoming more mainstream?

Nils Melzer: I think that’s a fair assessment, yes. I’m actually surprised to see, compared to last June, which is about a month after my visit when I tried to place an op-ed on the International Day in Support of Victims of Torture [June 26th] in the mainstream press around the world, I was unable to place an op-ed demasking the torture of Julian Assange: after having visited and examined him with medical experts.

I contacted The New York Times, The Washington Post, the Australian mainstream media, the British mainstream media. It was impossible to place it.

Today what we see is really that the mainstream press starts to realise through publications in alternative media that they probably got it wrong. And so they get more interested in discovering the truth about the story.

AR: Less face saving and more they know that if Assange is convicted, the next people could be them?

NM: Well, we do have indicators of that and perhaps they start to, as we say, smell the coffee. After the raids on the ABC headquarters and after Glenn Greenwald was arrested in Brazil and is being accused, you know according to the same kind of playbook that we see playing out with Assange. And also public funds being cut from mainstream broadcasters. Perhaps they start realising that they really did first come for Assange, then for Greenwald, and now they may be coming for the BBC.

AR: Okay, but Boris Johnson is on the record for saying it is only right that Julian Assange finally faces justice. That was when he was dragged out of the Ecuadorian embassy and thrown into jail here.

NM: I think we all agree it would be about time for him to face justice, it’s just that what he’s facing here in Britain is not justice. And what he would be facing in the US is not justice.

AR: Well, Johnson went on to say, “It was a credit to Foreign Office officials who worked tirelessly to secure this outcome” meaning the dragging of him [out of the embassy] the pictures of which were caught by Ruptly, the news agency. I mean are you saying every one of those Foreign Office officials has facilitated what could amount to torture and arbitrary detention?

NM: You see Julian Assange has been expelled from the embassy based on a decision made by the President perhaps even with the support of the parliament in Ecuador. But it was communicated to him on the morning that he had been deprived of asylum status and deprived of his citizenship, because the Ecuadorian Constitution does not allow the extradition and expulsion of nationals, without any due process. And the British police just went in and dragged him out without any…

AR: So what do you make of the now Prime Minister Boris Johnson saying ‘credit to foreign officials’ for that?

NM: Well he’s crediting that because he likes the outcome. It certainly has nothing to do with the rule of law.

AR: Well, Amnesty International, they’ve refused to make him a Prisoner of Conscience. Why do you think there are still other NGOs who refuse to take onboard the Julian Assange cause?

NM: I very much support Amnesty International when they try to protect people by declaring them Prisoners of Conscience. But when they use their worldwide influence to exclude individuals from that category, I think then it becomes very problematic. Especially when we are talking about a journalist who has been exposing grave violations of human rights, and who is prosecuted precisely because he has exposed violations of human rights.

AR: And this is political? I mean in your view you don’t think that if a whistleblower exposed alleged crimes say in the Russian government who had found asylum here, there would be no chance of extraditing them to Moscow?

NM: Well the first issue is the one of the whistleblower. There’s Snowden who’s now in Russia, or if you have an equivalent, let’s say a Russian whistleblower who has asylum in the West – and there are people like that. But Julian Assange is not a whistleblower. He did not leak information. It was leaked to him.

AR: Okay. You don’t think this anymore has anything to do with what you call ‘fabricated rape allegations’. In fact, you believe those allegations could be linked to the Afghan war logs: revelations of Anglo-American/Nato troops in Afghanistan.

NM: Yes, well, I’m not in a position to you know confirm or deny whether there has been some kind of a sexual offence at some point between the women and Julian Assange. All I can say [is] I have seen the original Swedish police documents where the women are not claiming to have been raped.

But you can see even the woman sitting in the police station sending a text message to her friend saying ‘I don’t want to accuse Assange of anything – I just want him to take an HIV test’. But the police wants to get their hands on him. So I mean who would write a message like that? Not a raped woman.

Then you see a consecutive series of grave violations of due process in the Swedish case. And all of this happens within a month of the publication of the Afghan leaks. So where the US has asked their allies to initiate prosecutions against Assange wherever possible.

So you know the choreography of this – how it plays out and how Sweden actually at no stage in the proceedings really tries to protect the women’s interests, refuses to question Assange when he is still in Sweden, and offers and actually demands to be questioned, but the day he leaves Sweden, and he receives written permission by the prosecutor to leave Sweden, they issue an arrest warrant against him for trying to evade justice.

So there is a series of contradictions that is clear.

AR: Which was acted upon by the now supposedly leading candidate to take over from Jeremy Corbyn in this country: the then- Director of Public Prosecutions, Kier Starmer.

NM: Yeah, I’m not aware of who exactly acted at the time, but clearly that plot then played to push Assange into corner where everybody had this image of him. And I was influenced by this image as well, beginning with this narrative of him being a suspected rapist, being a hacker, being a narcissist, being a spy. And as soon as you scratch the surface a bit of this case, you realise, there is nothing to back it up.

AR: Okay, you also discovered the trail that led to Swedish Justice Minister, Thomas Bodström, the former Justice Minister, who you claim effectively supervised a kind of rendition/torture that was perhaps documented by Wikileaks.

NM: Well, he was the Justice Minister when Sweden, and the security police of Sweden, kidnapped two people – who were registered asylum-seekers in Stockholm – and handed them over to CIA without any due process. And they were immediately ill-treated on the airport territory and then flown to Egypt where they were tortured and detained arbitrarily.

Of these two people we know because they survived. Both of them filed complaints with the United Nations, and Sweden was obliged to pay them, I think, each of them about half a million dollars in compensation.

AR: So you think that when the rape allegation was used to smear Assange, it was an admission of guilt on the part of Sweden when it dropped all the allegations?

NM: Well they admitted that they never had any evidence that was sufficient to even press charges against him. Five days later, the leading prosecutor of Stockholm closed the case saying ‘I believe these women, but nothing they said indicates a crime’.

There could be an explanation but when I asked Sweden formally in a formal letter as I am mandated to do by the United Nations – I submitted all the contradictory evidence to them and said please make sense of this; explain to me how this complies with human rights law before I draw my conclusions – and now the first response of Sweden was ‘you’re criticising the judiciary which is independent from us and we’re the government so we can’t comment of this’.

I wrote back to them and said please, you know, you’re my counterpart but please transmit my concerns to the judiciary and let them answer to me. On which they then responded in a one-page letter saying ‘we have no further observations’.

My experiences where states don’t want to respond to my questions, then probably they have something to hide.

AR: As the court case gets underway here in London in two parts – another part in May – Chelsea Manning, who was let out early by President Obama, a source for Wikileaks, has been virtually bankrupted by the United States for refusing to testify against Julian Assange. So UK authorities here, are they basically deciding on whether a show trial should go ahead?

NM: Absolutely, yes. It’s about whether this show trial should go ahead, because there’s going to be nothing else than a show trial in the US. There’s no chance he’s going to get a fair trial.

It’s not just about Julian Assange. This really is a battle over press freedom, over the rule of law, over the future I would say even of democracy. Because democracy, which means that the people control governmental power; this cannot exist with secrecy. You deprive the public of the right to know, and you deprive them of the tools to control the government.

AR: But you know we have a supposedly independent judiciary here. Having said that, the new Prime Minister Boris Johnson, newly-elected Prime Minister, has previously expressed reservations about the conduct of the Iraq War and wars after 9/11. Can you even call on Boris Johnson to do anything in the case of Julian Assange?

NM: The Home Secretary of the previous government [Sajid Javid] signed the extradition request, and granted it. And that was now challenged at the court, and that’s why it’s with the court. If it had not been challenged he’d just be extradited.

AR: Although that tends to be just a formality when it’s the United States, one of Britain’s closest international partners.

NM: Well, I think to be fair there have been individuals that have not been extradited to the United States by Britain. Which I believe is one reason why they wanted to go through Sweden, because Sweden has a track record of extraditing just about anybody to the United States, with or without due process. Now that is obviously off-the-table with the case being closed in Sweden, and now they’ll just go through the British system.

AR: Special Rapporteur, thank you.

NM: Thank you.

*

Additional:

Also broadcast to coincide with the start of this week’s hearing in London, The Grayzone’s Aaron Maté spoke with political satirist, broadcaster and a friend of Assange, Randy Credico, who issued a stark warning:

“The message is, if this were to work: if, in fact, he’s extradited here. That particular case leans into fascism; if they can bring a journalist over here and put him in jail. I mean you get to that point, that long reach of the US government where the laws internally don’t apply to the people externally. This is something like in Rome – the citizens of Rome, they enjoyed the laws that protected them, but nobody in Egypt did, in Mesopotamia did, nobody throughout their empire did except for the citizens in Rome.

“I mean if this happens, I’m telling you that it’s just put most of the nose inside the camel’s tent and people had better stand up for Julian Assange. You know, I’m not a Julian Assange fanatic, but I’m a free speech and First Amendment fanatic. This is bigger than Julian Assange. This is about protecting free speech and the First Amendment… This is the First Amendment at stake. The very core of this democracy, what’s left of it, really functions on a free press. Without a free press there is no chance, no hope of a democracy continuing.” [from 1:05 mins]

*

And from Craig Murray’s latest post published on his official website yesterday and entitled “Roger Waters on Julian Assange”:

Roger Waters has become one of the most eloquent and persistent supporters of Julian Assange. He is prepared to challenge the propagandists of the mainstream media head-on in a way that many more people should do.

For yesterday’s rally for Assange Roger had prepared a talk putting Julian’s persecution in a global context. He did not have time to give the whole speech, and so I asked him if I could publish it:

WE ARE HERE TODAY FOR JULIAN ASSANGE.

But I have four names on this piece of paper.

The First and last of course is Julian Assange, A Journalist, a courageous shiner of light into the dark places from which the powers that be would dearly like to have us turn away.

Julian Assange. A name to be carved with pride into any monument to human progress.

Julian is why we are here today, but this is no parochial protest. We are today part of a global movement, a global movement that might be the beginning of the global enlightenment that this fragile planet so desperately needs.

Ok. Second Name. Sent to me by my friend VJ Prashad.

Second name is Aamir Aziz, Aamir is a young poet and activist in Delhi involved in the fight against Modi and his rascist Citizenship law.

Everything Will Be Remembered

Kill us, we will become ghosts and write
of your killings, with all the evidence.
You write jokes in court;
We will write ‘justice’ on the walls.
We will speak so loudly that even the deaf will hear.
We will write so clearly that even the blind will read.
You write ‘injustice’ on the earth;
We will write ‘revolution’ in the sky.
Everything will be remembered;
Everything recorded

This out pouring of the human spirit from India is taking place in a time of revolt, when the fetters of propriety are set aside.

As we meet here in London, across the Atlantic in Argentina thousands of women are taking to the streets to demand the legalization of abortion from President Fernandez.

It’s not just Argentina. This last year we have seen major protests erupt across the whole world against neoliberal/fascist regimes. In Chile, The Lebanon, Colombia, Ecuador, Haiti,France and now, of course also in Bolivia fighting the new US imposed military dictatorship there.

When will we see the name of England appended to that noble list? I sense the scratching of heads in drawing rooms across the home counties, “What’s he talking about, the man’s a bloody pinko pervert, bloody antisemite, what’s he talking about? We don’t live in a dictatorship, this is a free country, a democracy, with all the finest traditions of fair play, pah!”

Well, I’ve got news for you Disgruntled of Tunbridge Wells. We’d like to think this is a free country, but are we really free? Why, when Julian Assange is brought to the dock in the tiny magistrates court inside Belmarsh prison are so many seats occupied by anonymous American suits, whispering instructions into the attentive ear of the prosecution’s lead barrister, James Lewis QC?

Why?

Because we don’t live in a free country, we live in a glorified dog kennel and we bark and/or wag our tails at the bidding of our lords and masters across the pond.

I stand here today, in front of the Mother of Parliaments, and there she stands blushing in all her embarrassment. And just upstream from here is Runnemede, where in 1215, we, the English, laid out the rudiments of common law. Magna Carta, ratified in 1297 article 29 of which gave us Habeus Corpus. Or did it? It stated:

“The body of a free man is not to be arrested, or imprisoned, or outlawed, or exiled, or in any way ruined, nor is the king to go against him or send forcibly against him, except by judgment of his peers or by the law of the land.”

Sadly, Article 29 is not enforceable in modern law. Magna Carta is only an idea, and in this propaganda driven modern world, it provides no check in principle to Parliament legislating against the rights of citizens.

We do however have an extradition treaty with the USA and in the first paragraph of article 4 of that treaty it states. “Extradition shall not be granted if the offense for which extradition is requested is a political offense.” Julian Assange has committed no crime but he has committed a political act. He has spoken truth to power. He has angered some of our masters in Washington by telling the truth and in retribution for the act of telling the truth they want his blood.

Yesterday in front of Battersea Power Station I did a TV interview for SKY news to promote this event, there was no visual link, so my only contact with the lady asking me questions was via an ear bud on a curly wire. I learned something about telling truth in the phrasing of her questions to me. She came at me like some crazed Don Quixote every question laced, thick with the smears and innuendo and the false accusations with which the powers that be have been trying to blacken Julian Assange’s name. She rattled off the tired, but well prepared narrative, and then interrupted constantly when I made reply. I don’t know who she is, she may mean well. If she does, my advice would be to stop drinking the Kool-aid, and if she actually gives a fig for her chosen profession get her sorry ass down here and join us.

So England. I call upon our prime minister, Boris Johnson, to declare his colours, does he support the spirit of Magna Carta? Does he believe in, democracy, freedom, fair play, free speech, and especially the freedom of the press? If the answer to those questions is yes, then come on Prime Minister be the British Bulldog you would have us all believe you are? Stand up to the bluster of American hegemony, call off this show trial, this charade, this kangaroo court. “The evidence before the court is incontrovertible.” Julian Assange is an innocent man. A journalist doing very important work for “we the people” by exposing the crimes of powerful sociopaths in the corridors of power.

I call on you to free him today.

I cannot leave this stage without mention of Chelsea Manning, who provided some of the material that Julian published.

Chelsea has been in a federal prison for a year incarcerated by the Americans for refusing, on principle, to give evidence to a grand jury specifically convened to make an example of Julian Assange. What courage. They are also fining her $1,000 a day. Chelsea yours is another name to be carved in pride, I’ve been reading the latest on your case, it looks as if your legal team are finding light at the end of the tunnel, please god, you get out soon back to your loved ones, you are a true hero.You exemplify the bulldog spirit that I was talking about a few moments ago.

Also Daniel Hale

Daniel is a whistle-blower you may not know yet. He was in a great documentary movie National Bird, made by my good friend Sonia Kennebeck. He was part of the US drone program targeting Afghans in their own country from some mobile command center in Navada. When his stint in the USAF was over. Daniel’s good heart refused to edit out the burden of remorse he carried and he very bravely decided to tell his story. The FBI/CIA have pursued Daniel remorselessly ever since and he is now in prison awaiting trial. Daniel’s is another name to be carved in pride. Those of us who have never compromised our liberty in the cause of freedom, who have never picked up the burning torch and held it trembling over the crimes of their superior officers, can only wonder at the extraordinary courage of those who have.

There are other speakers here, so I will make way, I could stand here all day railing against the dying of the light should we not stand Bulldog like, with arms linked, ranks closed in front of our brother and comrade Julian Assange. And when the lackies of the American Empire come to take him, to destroy him and hang him in the hedge as a warning to frighten future journalists, we will look them in the eye and steadfast with one voice we will intone.

“Over our dead fucking bodies.”

Roger Waters Feb 22nd 2020

You can see Roger delivering the truncated version, with force but still self-deprecation, on this video of yesterday’s event. You can also see great speeches including by Yanis Varoufakis and Brian Eno.

Click here to read Craig Murray’s piece in full.

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Visiting Assange, Britain’s Political Prisoner | John Pilger

The following article was originally published by Counterpunch on Mon 2nd.

I set out at dawn. Her Majesty’s Prison Belmarsh is in the flat hinterland of south east London, a ribbon of walls and wire with no horizon. At what is called the visitors centre, I surrendered my passport, wallet, credit cards, medical cards, money, phone, keys, comb, pen, paper.

I need two pairs of glasses. I had to choose which pair stayed behind. I left my reading glasses. From here on, I couldn’t read, just as Julian couldn’t read for the first few weeks of his incarceration. His glasses were sent to him, but inexplicably took months to arrive.

There are large TV screens in the visitors centre. The TV is always on, it seems, and the volume turned up. Game shows, commercials for cars and pizzas and funeral packages, even TED talks, they seem perfect for a prison: like visual valium.

I joined a queue of sad, anxious people, mostly poor women and children, and grandmothers. At the first desk, I was fingerprinted, if that is still the word for biometric testing.

“Both hands, press down!” I was told. A file on me appeared on the screen.

I could now cross to the main gate, which is set in the walls of the prison. The last time I was at Belmarsh to see Julian, it was raining hard. My umbrella wasn’t allowed beyond the visitors centre. I had the choice of getting drenched, or running like hell. Grandmothers have the same choice.

At the second desk, an official behind the wire, said, “What’s that?”

“My watch,” I replied guiltily.

“Take it back,” she said.

So I ran back through the rain, returning just in time to be biometrically tested again. This was followed by a full body scan and a full body search. Soles of feet; mouth open.

At each stop, our silent, obedient group shuffled into what is known as a sealed space, squeezed behind a yellow line. Pity the claustrophobic; one woman squeezed her eyes shut.

We were then ordered into another holding area, again with iron doors shutting loudly in front of us and behind us.

“Stand behind the yellow line!” said a disembodied voice.

Another electronic door slid partly open; we hesitated wisely. It shuddered and shut and opened again. Another holding area, another desk, another chorus of, “Show your finger!”

Then we were in a long room with squares on the floor where we were told to stand, one at a time. Two men with sniffer dogs arrived and worked us, front and back.

The dogs sniffed our arses and slobbered on my hand. Then more doors opened, with a new order to “hold out your wrist!”

A laser branding was our ticket into a large room, where the prisoners sat waiting in silence, opposite empty chairs. On the far side of the room was Julian, wearing a yellow arm band over his prison clothes.

As a remand prisoner he is entitled to wear his own clothes, but when the thugs dragged him out of the Ecuadorean embassy last April, they prevented him bringing a small bag of belongings. His clothes would follow, they said, but like his reading glasses, they were mysteriously lost.

For 22 hours a day, Julian is confined in “healthcare”. It’s not really a prison hospital, but a place where he can be isolated, medicated and spied on. They spy on him every 30 minutes: eyes through the door. They would call this “suicide watch”.

In the adjoining cells are convicted murderers, and further along is a mentally ill man who screams through the night. “This is my One Flew over the Cuckoo’s Nest,” he said. “Therapy” is an occasional game of Monopoly. His one assured social gathering is the weekly service in the chapel. The priest, a kind man, has become a friend. The other day, a prisoner was attacked in the chapel; a fist smashed his head from behind while hymns were being sung.

When we greet each other, I can feel his ribs. His arm has no muscle. He has lost perhaps 10 to 15 kilos since April. When I first saw him here in May, what was most shocking was how much older he looked.

“I think I’m going out of my mind,” he said then.

I said to him, “No you’re not. Look how you frighten them, how powerful you are.” Julian’s intellect, resilience and wicked sense of humor – all unknown to the low life who defame him — are, I believe, protecting him.  He is wounded badly, but he is not going out of his mind.

We chat with his hand over his mouth so as not to be overheard. There are cameras above us. In the Ecuadorean embassy, we used to chat by writing notes to each other and shielding them from the cameras above us. Wherever Big Brother is, he is clearly frightened.

On the walls are happy-clappy slogans exhorting the prisoners to “keep on keeping on” and “be happy, be hopeful and laugh often”.

The only exercise he has is on a small bitumen patch, overlooked by high walls with more happy-clappy advice to enjoy ‘the blades of grass beneath your feet’. There is no grass.

He is still denied a laptop and software with which to prepare his case against extradition. He still cannot call his American lawyer, or his family in Australia.

The incessant pettiness of Belmarsh sticks to you like sweat. If you lean too close to the prisoner, a guard tells you to sit back. If you take the lid off your coffee cup, a guard orders you to replace it. You are allowed to bring in £10 to spend at a small café run by volunteers. “I’d like something healthy,” said Julian, who devoured a sandwich.

Across the room, a prisoner and a woman visiting him were having a row: what might be called a ‘domestic’. A guard intervened and the prisoner told him to “fuck off”.

This was the signal for a posse of guards, mostly large, overweight men and women eager to pounce on him and hold him to the floor, then frog march him out.  A sense of violent satisfaction hung in the stale air.

Now the guards shouted at the rest of us that it was time to go. With the women and children and grandmothers, I began the long journey through the maze of sealed areas and yellow lines and biometric stops to the main gate. As I left the visitor’s room, I looked back, as I always do. Julian sat alone, his fist clenched and held high.

Click here to read the same article in Counterpunch.

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on the show trial of Julian Assange — Craig Murray, John Pilger and Chris Williamson speak out

The following post is based around a piece written by former UK ambassador Craig Murray that he published on Tuesday 22nd. It is interspersed with interviews of investigative journalist John Pilger and Chris Williamson MP that were featured on Wednesday’s episode of RT’s ‘Going Underground’.

I was deeply shaken while witnessing yesterday’s events in Westminster Magistrates Court. Every decision was railroaded through over the scarcely heard arguments and objections of Assange’s legal team, by a magistrate who barely pretended to be listening.

Before I get on to the blatant lack of fair process, the first thing I must note was Julian’s condition. I was badly shocked by just how much weight my friend has lost, by the speed his hair has receded and by the appearance of premature and vastly accelerated ageing. He has a pronounced limp I have never seen before. Since his arrest he has lost over 15 kg in weight.

But his physical appearance was not as shocking as his mental deterioration. When asked to give his name and date of birth, he struggled visibly over several seconds to recall both. I will come to the important content of his statement at the end of proceedings in due course, but his difficulty in making it was very evident; it was a real struggle for him to articulate the words and focus his train of thought.

Until yesterday I had always been quietly sceptical of those who claimed that Julian’s treatment amounted to torture – even of Nils Melzer, the UN Special Rapporteur on Torture – and sceptical of those who suggested he may be subject to debilitating drug treatments. But having attended the trials in Uzbekistan of several victims of extreme torture, and having worked with survivors from Sierra Leone and elsewhere, I can tell you that yesterday changed my mind entirely and Julian exhibited exactly the symptoms of a torture victim brought blinking into the light, particularly in terms of disorientation, confusion, and the real struggle to assert free will through the fog of learned helplessness.

I had been even more sceptical of those who claimed, as a senior member of his legal team did to me on Sunday night, that they were worried that Julian might not live to the end of the extradition process. I now find myself not only believing it, but haunted by the thought. Everybody in that court yesterday saw that one of the greatest journalists and most important dissidents of our times is being tortured to death by the state, before our eyes. To see my friend, the most articulate man, the fastest thinker, I have ever known, reduced to that shambling and incoherent wreck, was unbearable. Yet the agents of the state, particularly the callous magistrate Vanessa Baraitser, were not just prepared but eager to be a part of this bloodsport. She actually told him that if he were incapable of following proceedings, then his lawyers could explain what had happened to him later. The question of why a man who, by the very charges against him, was acknowledged to be highly intelligent and competent, had been reduced by the state to somebody incapable of following court proceedings, gave her not a millisecond of concern.

The charge against Julian is very specific; conspiring with Chelsea Manning to publish the Iraq War logs, the Afghanistan war logs and the State Department cables. The charges are nothing to do with Sweden, nothing to do with sex, and nothing to do with the 2016 US election; a simple clarification the mainstream media appears incapable of understanding.

The purpose of yesterday’s hearing was case management; to determine the timetable for the extradition proceedings. The key points at issue were that Julian’s defence was requesting more time to prepare their evidence; and arguing that political offences were specifically excluded from the extradition treaty. There should, they argued, therefore be a preliminary hearing to determine whether the extradition treaty applied at all.

The reasons given by Assange’s defence team for more time to prepare were both compelling and startling. They had very limited access to their client in jail and had not been permitted to hand him any documents about the case until one week ago. He had also only just been given limited computer access, and all his relevant records and materials had been seized from the Ecuadorean Embassy by the US Government; he had no access to his own materials for the purpose of preparing his defence.

Furthermore, the defence argued, they were in touch with the Spanish courts about a very important and relevant legal case in Madrid which would provide vital evidence. It showed that the CIA had been directly ordering spying on Julian in the Embassy through a Spanish company, UC Global, contracted to provide security there. Crucially this included spying on privileged conversations between Assange and his lawyers discussing his defence against these extradition proceedings, which had been in train in the USA since 2010. In any normal process, that fact would in itself be sufficient to have the extradition proceedings dismissed. Incidentally I learnt on Sunday that the Spanish material produced in court, which had been commissioned by the CIA, specifically includes high resolution video coverage of Julian and I discussing various matters.

The evidence to the Spanish court also included a CIA plot to kidnap Assange, which went to the US authorities’ attitude to lawfulness in his case and the treatment he might expect in the United States. Julian’s team explained that the Spanish legal process was happening now and the evidence from it would be extremely important, but it might not be finished and thus the evidence not fully validated and available in time for the current proposed timetable for the Assange extradition hearings.

For the prosecution, James Lewis QC stated that the government strongly opposed any delay being given for the defence to prepare, and strongly opposed any separate consideration of the question of whether the charge was a political offence excluded by the extradition treaty. Baraitser took her cue from Lewis and stated categorically that the date for the extradition hearing, 25 February, could not be changed. She was open to changes in dates for submission of evidence and responses before this, and called a ten minute recess for the prosecution and defence to agree these steps.

What happened next was very instructive. There were five representatives of the US government present (initially three, and two more arrived in the course of the hearing), seated at desks behind the lawyers in court. The prosecution lawyers immediately went into huddle with the US representatives, then went outside the courtroom with them, to decide how to respond on the dates.

After the recess the defence team stated they could not, in their professional opinion, adequately prepare if the hearing date were kept to February, but within Baraitser’s instruction to do so they nevertheless outlined a proposed timetable on delivery of evidence. In responding to this, Lewis’ junior counsel scurried to the back of the court to consult the Americans again while Lewis actually told the judge he was “taking instructions from those behind”. It is important to note that as he said this, it was not the UK Attorney-General’s office who were being consulted but the US Embassy. Lewis received his American instructions and agreed that the defence might have two months to prepare their evidence (they had said they needed an absolute minimum of three) but the February hearing date may not be moved. Baraitser gave a ruling agreeing everything Lewis had said.

At this stage it was unclear why we were sitting through this farce. The US government was dictating its instructions to Lewis, who was relaying those instructions to Baraitser, who was ruling them as her legal decision. The charade might as well have been cut and the US government simply sat on the bench to control the whole process. Nobody could sit there and believe they were in any part of a genuine legal process or that Baraitser was giving a moment’s consideration to the arguments of the defence. Her facial expressions on the few occasions she looked at the defence ranged from contempt through boredom to sarcasm. When she looked at Lewis she was attentive, open and warm.

The extradition is plainly being rushed through in accordance with a Washington dictated timetable. Apart from a desire to pre-empt the Spanish court providing evidence on CIA activity in sabotaging the defence, what makes the February date so important to the USA? I would welcome any thoughts.

Baraitser dismissed the defence’s request for a separate prior hearing to consider whether the extradition treaty applied at all, without bothering to give any reason why (possibly she had not properly memorised what Lewis had been instructing her to agree with). Yet this is Article 4 of the UK/US Extradition Treaty 2007 in full:

On the face of it, what Assange is accused of is the very definition of a political offence – if this is not, then what is? It is not covered by any of the exceptions from that listed. There is every reason to consider whether this charge is excluded by the extradition treaty, and to do so before the long and very costly process of considering all the evidence should the treaty apply. But Baraitser simply dismissed the argument out of hand.

Just in case anybody was left in any doubt as to what was happening here, Lewis then stood up and suggested that the defence should not be allowed to waste the court’s time with a lot of arguments. All arguments for the substantive hearing should be given in writing in advance and a “guillotine should be applied” (his exact words) to arguments and witnesses in court, perhaps of five hours for the defence. The defence had suggested they would need more than the scheduled five days to present their case. Lewis countered that the entire hearing should be over in two days. Baraitser said this was not procedurally the correct moment to agree this but she will consider it once she had received the evidence bundles.

(SPOILER: Baraitser is going to do as Lewis instructs and cut the substantive hearing short).

Baraitser then capped it all by saying the February hearing will be held, not at the comparatively open and accessible Westminster Magistrates Court where we were, but at Belmarsh Magistrates Court, the grim high security facility used for preliminary legal processing of terrorists, attached to the maximum security prison where Assange is being held. There are only six seats for the public in even the largest court at Belmarsh, and the object is plainly to evade public scrutiny and make sure that Baraitser is not exposed in public again to a genuine account of her proceedings, like this one you are reading. I will probably be unable to get in to the substantive hearing at Belmarsh.

Plainly the authorities were disconcerted by the hundreds of good people who had turned up to support Julian. They hope that far fewer will get to the much less accessible Belmarsh. I am fairly certain (and recall I had a long career as a diplomat) that the two extra American government officials who arrived halfway through proceedings were armed security personnel, brought in because of alarm at the number of protestors around a hearing in which were present senior US officials. The move to Belmarsh may be an American initiative.

Assange’s defence team objected strenuously to the move to Belmarsh, in particular on the grounds that there are no conference rooms available there to consult their client and they have very inadequate access to him in the jail. Baraitser dismissed their objection offhand and with a very definite smirk.

Finally, Baraitser turned to Julian and ordered him to stand, and asked him if he had understood the proceedings. He replied in the negative, said that he could not think, and gave every appearance of disorientation. Then he seemed to find an inner strength, drew himself up a little, and said:

I do not understand how this process is equitable. This superpower had 10 years to prepare for this case and I can’t even access my writings. It is very difficult, where I am, to do anything. These people have unlimited resources.

The effort then seemed to become too much, his voice dropped and he became increasingly confused and incoherent. He spoke of whistleblowers and publishers being labeled enemies of the people, then spoke about his children’s DNA being stolen and of being spied on in his meetings with his psychologist. I am not suggesting at all that Julian was wrong about these points, but he could not properly frame nor articulate them. He was plainly not himself, very ill and it was just horribly painful to watch. Baraitser showed neither sympathy nor the least concern. She tartly observed that if he could not understand what had happened, his lawyers could explain it to him, and she swept out of court.

The whole experience was profoundly upsetting. It was very plain that there was no genuine process of legal consideration happening here. What we had was a naked demonstration of the power of the state, and a naked dictation of proceedings by the Americans. Julian was in a box behind bulletproof glass, and I and the thirty odd other members of the public who had squeezed in were in a different box behind more bulletproof glass. I do not know if he could see me or his other friends in the court, or if he was capable of recognising anybody. He gave no indication that he did.

In Belmarsh he is kept in complete isolation for 23 hours a day. He is permitted 45 minutes exercise. If he has to be moved, they clear the corridors before he walks down them and they lock all cell doors to ensure he has no contact with any other prisoner outside the short and strictly supervised exercise period. There is no possible justification for this inhuman regime, used on major terrorists, being imposed on a publisher who is a remand prisoner.

I have been both cataloguing and protesting for years the increasingly authoritarian powers of the UK state, but that the most gross abuse could be so open and undisguised is still a shock. The campaign of demonisation and dehumanisation against Julian, based on government and media lie after government and media lie, has led to a situation where he can be slowly killed in public sight, and arraigned on a charge of publishing the truth about government wrongdoing, while receiving no assistance from “liberal” society.

Unless Julian is released shortly he will be destroyed. If the state can do this, then who is next?

UPDATE I have received scores of requests to republish and/or translate this article. It is absolutely free to use and reproduce and I should be delighted if everybody does; the world should know what is being done to Julian. So far, over 200,000 people have read it on this blogsite alone and it has already been reproduced on myriad other sites, some with much bigger readerships than my own. I have seen translations into German, Spanish and French and at least extracts in Catalan and Turkish. I only ask that you reproduce it complete or, if edits are made, plainly indicate them. Many thanks.

Click here to read Craig Murray’s piece on his official website.

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Update:

On Saturday 26th, Afshin Rattansi interviewed Pink Floyd’s Roger Waters on RT’s Going Underground about Julian Assange’s latest extradition hearing at Westminster Magistrates Court and why it makes him ashamed to be English. They also discussed the mass protests in Chile against the neoliberal US-backed President Sebastián Piñera and how the military crackdown is reminiscent of the Pinochet era:

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ex-President Rafael Correa says Moreno is leading Ecuador to civil war: “I don’t remember having seen a repression of this magnitude”

On yesterday’s episode of RT’s Going Underground, host Afshin Rattansi spoke to former President of Ecuador Rafael Correa (2007–17) on the uprising taking place in Ecuador against incumbent President Lenin Moreno’s austerity budget; whether the violence is likely to get worse; why Moreno refuses to bring the elections forward; and whether Lenin Moreno can survive the crisis and the prospect of a civil war in the country. They also discussed the imprisonment of Julian Assange and the revelations of spying against Julian Assange and himself.

[The following transcript is my own]

Afshin Rattansi: Former President, thanks for coming on the show. Let’s just begin before [we come to] Julian Assange to what is happening in Ecuador. Lenin Moreno, your successor, accuses you of an attempted coup in Ecuador. We’re getting reports of three oilfields seized, 12% of Ecuadorian oil output hit, and he himself has fled the capital.

Rafael Correa: Thank you very much for this opportunity for letting me tell to the world what is happening in Ecuador. Everything that is happening now is the government’s fault. He betrayed the programme approved in the elections and adopted an extreme neoliberal programme. They had a terrible agreement with the IMF; prompted a crisis by cutting domestic financial sources, reducing taxes for the wealthy and increasing useless expenditure. And there you have the consequences. When he had to set a very strong package of measures, poverty had already increased three points. After ten years, poverty has started rising again under this government. It’s grown three points and the very drastic package of measures was the tipping point, where, amongst other things, he doubled the price of diesel – one of the main fuels – and has tried people’s patience. That’s the reason for the protests.

AR: I’ll get to Christine Lagarde’s IMF austerity measures in a moment. She’s of course leaving the IMF to run the de facto EU bank, the ECB. But, what do think about Lenin Moreno’s chances of staying in power. He’s fled to Guayaquil and there are reports of him saying killings to come, although the Minister of Defence has said there are not tanks on the streets of your capital, there are camouflaged armoured cars.

RC: Let’s start with the final part of the question. Perhaps it is hard for me to be objective, because I have also been persecuted by this government, but I don’t remember – since I’ve had political awareness – having seen a repression of this magnitude. In the 70’s we had military dictatorships. I was a teenager. But not even at that time can I remember the people being so brutally restrained.

So he takes this decision by suppressing constitutional rights, by bugging communications, entering [?] houses without a legal order, and all of this. They are also using their force, including with lethal weapons against the protesters. This is something that has not been seen before. I do not remember anything like since the time I became politically aware.

In terms of government: the government has already fallen. Moreno has already fallen. They have to look for a constitutional and democratic way of keeping peace and keeping the country running otherwise they can lead us to a civil war – more than a civil war – a brutal repression by the enforcing authorities.

Luckily, our constitution offers those measures – democratic and institutional measures – in the case of social turmoil Article 130 allows the assembly with a vote of two-thirds of its members to authorise the election to be brought forward. And the President himself under Article 148 of the constitution has the faculty to bring the elections forward.

Why isn’t he doing this? He knows if he brings the elections forward he will lose and we will win. So he prefers the country to fall. They prefer the violence. They prefer this very serious situation instead of getting out by the measures that I insist are part of the constitution in a perfectly institutional and perfectly democratic manner.

AR: Do you think he wants to be the next Pinochet?

RC: No. Lenin Moreno, he was a puppet of the oligarchy, but he has been an instrument and he will stay there as long as he serves the groups of power.

AR: Why former president, are you not in Ecuador now with the tens of thousands of indigenous people demonstrating in Quito? And will you run again to become leader of Ecuador?

RC: I am not interested in that. My plans for life are different. I had to get back into politics because they destroyed my nation and because of the persecution and group persecution we have suffered. In Ecuador crimes of hatred are taking place every day.

They say we have to chase the Correistas. We have to clean our government from the Correistas, which is not only allowed by the media, but also fostered by certain press groups that do hate us, because they experienced controls on the privilege and their abuse while we were in power.

From 2007 to 2017 was the decade of most progress for the nation in our history. We doubled the economic product, we were the regional champions in reducing poverty and reducing inequalities, but this is not understood here in Europe. That is something that the elites do not like. It bothers them. Because it is only in the vertical direction of social relationships, in the inequalities, where they hold their power. Because they believe they are superior to others. If you offer our elites the choice to be three times more prosperous but equal to the rest of the people they will reject that.

AR: Well speaking of media – you’re in Europe – why do you think the media arguably seem more interested in pictures of demonstrations in Hong Kong and previously in demonstrations against Maduro in Venezuela, than armoured cars on the streets of Quito in your country?

RC:  The answer is obvious. It’s because they play a clear political role. It would be enough to see but for a few exceptions who owns the hegemonic media – the national ones within the Latin American countries – which is a very serious problem. But even at an international level they do not belong to the poor. They do not belong to charities, except for a few exceptions; they belong to big capital and play a political role to defend the status quo. The media at a national level within our countries and at a global level plays a political role, but at least at a global level they keep certain limits – more professionalism. As you said, there is a total asymmetry in the information. Double standards. If there are demonstrations in Hong Kong they are not even shown – sorry, I mean if they are against the Chinese regime they’ll be shown every day, right?

AR: I want to ask you about Julian Assange in a moment, but I’ve got to ask you, as today is the anniversary of the Washington-linked killing of Che Guevara – you mention neoliberalism – why do you think his face is on the flags, probably on flags in your capital city, certainly on flags of the Gilets Jaunes in Paris and across France? What does he mean to you on the anniversary of his death?

RC: Well again, double standards. They talk about democracy and respect of human rights when it is convenient to them. So the killing of Che Guevara is a good example of that. He was captured alive and he was executed extrajudicially while he was in prison. It was a crime but who was sanctioned for that crime? And ordered by the actual CIA – they have the names but nothing happens. It is like the case of Julian Assange. They chase the ones who exposed the war crimes but not the ones who committed them, and these crimes are still unpunished, as in the case of Che Guevara.

What is the meaning of Che Guevara? We can agree or disagree about the ideology of Che Guevara but no-one can deny his authenticity or his commitment to go through extreme circumstances – even to leave his own family and give his life for his ideology – and that is something that should be respected by everyone.

AR: Well you gave asylum to Julian Assange at your embassy in London. He’s facing a court hearing on Friday for extradition to the United States for espionage. What did you make of the El País revelations that your embassy was actually being bugged allegedly by CIA-linked security services – including the bugging of his lawyer Geoffrey Robertson QC?

RC: Remember they said exactly the opposite: that from the embassy Julian Assange used to spy. There is evidence that they have been spying on me and my family, and spying on Julian Assange, including the sacred conversations between a client and his lawyer. So it is extremely serious. And take it as granted that Julian Assange will be extradited to the United States. Always from the beginning that was the agreement.

AR: You said you may have been the subject of surveillance too. Do you think that came from Washington and do you think that whistleblowers of war crimes by Nato countries – Boris Johnson and Donald Trump, who previously said he liked Wikileaks, he “loved Wikileaks” – they want Assange dead as a lesson to other whistleblowers?

RC: You see the international double standards. The asylum we granted to Julian Assange was not because we agreed with what Julian Assange had done. I believe in a nation’s national security and that certain information should be confidential, however, war crimes cannot be hidden. But the asylum was granted to him because there were no guarantees of a fair process and because he was to be judged with laws that allow for the death penalty that threaten the international [?] system of human rights. All the human rights treaties at a global level are against the death penalty.

AR: Former President Correa, thank you.

RC: You’re welcome.

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